|541. ||JULY 2003 Issue|
|Mus Musculus and Homo Sapiens: Metaphysics and the Canadian Supreme Court|
Wei, Sze Shun George  Sing JLS 38 (Jul)
This article examines the patentability of genetically engineered higher life forms in Canada and Singapore by reference to the recent decision of the Canadian Supreme Court on the patentability of a genetically engineered laboratory mouse. The Canadian Supreme Court, rather than examining the policy behind patent protection, addressed this question primarily through the lens of statutory interpretation. This article discusses the reasoning of the Canadian Supreme Court and considers its application in Singapore.
|542. ||JULY 2003 Issue|
|Native Title: Dead Capital?|
Edwards, Robin  Sing JLS 80 (Jul)
This article explores whether restrictions on alienations of native title land, such as the inability to grant a mortgage to secure finance, will adversely affect the owners of native title land. The objections to inalienability are explored and some of the premises that such objections rest upon are also questioned. Arguments in favour of inalienability are also explored and reasons why restrictions on alienation will not be detrimental are canvassed. Finally, some practical considerations are overviewed, leading to a conclusion that the restrictions in themselves will not be detrimental.
|543. ||JULY 2003 Issue|
|Developments in the Law of Co-ownership|
Crown, Barry C.  Sing JLS 116 (Jul)
This article discusses recent developments in the law of co-ownership in Singapore, especially in relation to the doctrine of severance. In particular, the amendments to the law of co-ownership introduced by the Land Titles (Amendment) Act 2001 are considered. While the legislation appears at first sight to effect only technical amendments to the law, it has in fact made a significant change to the law of severance.
|544. ||JULY 2003 Issue|
|Judging Doctors and Diagnosing the Law: Bolam Rules in Singapore and Malaysia|
Amirthalingam, Kumaralingam  Sing JLS 125 (Jul)
The orthodox test for medical negligence, enshrined in the Bolam decision, has the potential to be unduly favourable to the medical practitioner. The doctor8211;centric approach it engenders is particularly troubling with respect to the duty to inform and does not bode well for a healthy balance in the doctor8211;patient relationship. It is argued that the Bolam test as currently applied is inappropriate and that courts have a responsibility to reassert their role as the final arbiters in determining medical negligence. This article seeks to strike a balance between the interests of medical practitioners and patients; the former should not be vilified for human errors that include negligence while the latter should not be deprived of fair compensation and certain fundamental rights.
|545. ||JULY 2003 Issue|
|Applicable Law Aspects of Copyright Infringement on the Internet: What Principles Should Apply|
Antonelli, Andrea  Sing JLS 147 (Jul)
Digital technology, and particularly the Internet, is reducing the cost of publishing works, but has also made the unauthorised copying and distributing of works virtually costless. Despite the level of harmonisation of copyright laws worldwide, achieved through the Berne Convention, the TRIPs Agreement and WIPO Copyright Treaty, such copyright infringements on the Internet still give rise to a number of relevant conflict of laws issues. This article focuses on the analysis of the applicable law rules provided under the Berne Convention in relation to economic and moral rights in the light of the various technical scenarios of copyright infringement in cyberspace. From this perspective, it also attempts to assess if and to what extent it is possible to attribute a new meaning to too often datable applicable law principles.
|546. ||JULY 2003 Issue|
|The Rights and Wrongs of Discretionary Remedialism|
Jensen, Darryn M.  Sing JLS 178 (Jul)
Judicial decision-making should proceed according to abstract rules that define categories of similar cases. Rules provide a reasonable assurance that different judges will decide similar cases in a similar way. The notion that equitable remedies are at the discretion of the court, albeit a "weak" discretion, does not provide the same degree of assurance. An insistence upon rules need not be inconsistent with a separation of remedy questions from liability questions. A category of cases that attracts equitable intervention on a particular ground may embrace a number of discrete (but imperfectly defined) remedy categories, which correspond to different remedial requirements. What is often identified as discretion should be understood as an interpretative exercise whereby the boundaries between those categories (and, hence, the rules governing selection of remedy) are given a more precise definition.
|547. ||JULY 2003 Issue|
|Saying No: Sections 377 and 377A of the Penal Code|
Chua, Kher Shing Lynette J.  Sing JLS 209 (Jul)
By criminalizing certain forms of private consensual sexual conduct, sections 377 and 377A of the Penal Code disregard the individual's sexual autonomy. They impose a particular set of sexual "morals" on a sexually pluralistic Singapore society. I argue in this article that sections 377 and 377A should be abolished and replaced by laws that do not criminalize such private and consensual conduct.
|548. ||JULY 2003 Issue|
|Is there any Pointe? Ng Boo Tan v. Collector of Inland Revenue|
Tan, Sook Yee  Sing JLS 262 (Jul)
|549. ||JULY 2003 Issue|
|Transsexual in England Still of Birth Sex Even if this Transgresses European Human Rights Convention Bellinger v. Bellinger|
Leong, Wai Kum  Sing JLS 274 (Jul)
|550. ||JULY 2003 Issue|
|Causation in the Tort of Negligence - A Dispensable Element? Fairchild v. Glenhaven Funeral Services Ltd and others|
Fordham, Margaret  Sing JLS 285 (Jul)