Divisional Patent Strategy and Competition Law: A Case Study of Teva and Its Application to Japan
Naoko Mariyama

Abstract
In October 2024, the European Commission fined the pharmaceutical company Teva €462.6 million for abusing its dominant position to delay competition to its blockbuster medicine, Copaxone, for the treatment of multiple sclerosis. The Commission found that Teva misused the divisional patent system and implemented a systematic disparagement campaign against a competing product to hinder its market entry.¹

Divisional patents derive from an earlier parent patent application and share similar content but may focus on different aspects of the invention and are treated independently when assessing their validity. Teva filed multiple divisional patent applications in a staggered way, creating a web of secondary patents on the manufacturing process and the drug’s dosing regimen. Generic companies challenged these patents to enter the market. Pending review by the European Patent Office (EPO), Teva began enforcing these patents against competitors to…

From Individual Interest to Social Impact: A Legal-Managerial Cross-Analysis of the “French Surrogacy Market”
Gaëlle Deharo

Abstract
From the study of the French surrogacy market, this article highlights a crucial social and legal shift: Law is no longer constructed collectively around values recognized as essential by society but rather based on individually asserted interests. The fundamental distinction between persons and things, once protected by law through social adherence and institutionalisation, loses much of its normative force when society is no longer defined by a commitment to the common values it represents, but rather by the aggregation of individual trajectories. Valorisation is no longer measured in terms of social cohesion, but in terms of value creation. This shift becomes even more alarming when Law begins to hear and integrate individual claims, thereby weakening the protection of common values. At this point, the very foundation of society becomes vulnerable to market forces.

A Systematic Review of ESG Application to Territories
Luigi Capoani

Abstract
In recent years, ESG (Environmental, Social, and Governance) investments have become pivotal in the financial sector, emerging as innovative tools promoting sustainability on a larger scale. This paper investigates the integration of ESG investments to assess sovereign creditworthiness. In addition, the study examines how ESG can be involved in risk analysis and affects sovereign spreads, emphasizing their role in evaluating a country’s long-term sustainability

What would Lord Krishna do? Why vegan eating is on the rise in the land of Ahimsa
Poorva Joshipura

Were the original vegans Indian? A Himalayan tribe, the Brokpa of Ladakh, is reported to have been vegan 5,000 years ago (Menon, 2011), and vegetarian eating has been a concept in India for thousands of years. Indian vegetarianism began having an influence on western dietary practices as far back as the 4th century BCE (Taylor Sen, 2020). Yet India’s per capita milk consumption today is 427 grams per day, surpassing the world average of 305 grams (Willoughby, 2022), and India is the world’s largest milk producer (Food and Agriculture Organization a) and has the largest population of cows and buffaloes (Department of Animal Husbandry and Dairying, 2021). But big dietary changes are happening: 9% of India’s population is now reported to be vegan (Kotebagilu et al., 2023), 39% is vegetarian (Corichi, 2021), and the country has the largest share of people who are meat-free in the world (Kotebagilu et al., 2023). Today, India is considered to be a lucrative market for vegan food manufacturers (Kotebagilu et al., 2023).

Comment Article: Productivity, Innovation and Industrial Structure
Roy Green

Productivity growth has driven prosperity in developed and emerging economies since the Industrial Revolution. But it has now stalled in many of these economies, unfortunately nowhere more so than in Australia. Over the last decade, we have experienced the lowest productivity growth in 60 years at 1.2 percent a year, with Australia dropping to 16th in the OECD productivity rankings from sixth in 1970. Why is this happening, and what can we do about it? Do Australians need to work harder, or smarter? How important is investment in digital and renewable energy technologies? Should we pay more attention to our research and skills infrastructure, or to management quality and enterprise ‘absorptive capacity’? These questions are critical not just to abstract economic debate but to future living standards in an increasingly knowledge-driven, decarbonising world.

Volume 13 Issue 3
The Road to Freedom: How to Win the Fight for Free Enterprise
Arthur C. Brooks

Basic Books, New York, 2012, 214 pages
ISBN: 978-0-465-02940-2

This is a thoughtful defense of unregulated free markets. Its basic argument is that pragmatic defenses, seeking to show that minimally regulated free enterprise works better than government intervention, do not resonate with people. It is necessary, then, to pursue a different tack, that free markets are superior in a moral dimension.

Volume 13 Issue 2
Autocracy, Inc.: The Dictators Who Want to Run the World
Anne Applebaum

Doubleday Books (Random House), New York, 2024, 207 pages
ISBN: 9780385559946

Autocracies have been around for centuries. With the exception of failed experiments in classical Athens, the republics of Rome and Venice, and the French revolution, autocracies have been the rule until quite recently, less than 10% of recorded history.

Reviews by Ken Friedman