The patent expiry as a major inflection point in a branded Rx drug's life and strategies to counter generic competition - exemplified at Pfizer's blockbuster drug Lipitor in the USA

A large number of expensive, but highly profitable branded prescription drugs will go off-patent in the USA between 2011 and 2015. Their revenues are crucial to fund the immense costs associated with the development of an innovative drug. The rising cost pressure on pharmaceutical stakeholders has increased the demand for more affordable medications, as provided by the branded drug's generic counterpart. Yet, research based incumbents are moving beyond the traditional late lifecycle strategies and deploy more aggressive tactics in order to protect their brands, as seen with Pfizer's Lipitor!. It is doubtful, whether these efforts will help the blockbuster business model to resist current market conditions.

O abuso do direito no Direito do Consumo

In Consumer Law there is a special concern to protect the consumer, who is the weaker party in the legal relationship. With this thesis we intend to show that the professional sometimes needs protection against abusive conducts from consumers. The thesis describes the different categories of abuse of rights and explains some types of consumer contracts. After examining some of the consumer’s rights, we list some situations where the consumer acts frequently with abuse of rights, by analyzing judicial decisions. We conclude that it is not possible which conducts may involve an abuse of right in an abstract manner. Only by analyzing every case and its characteristics individually can one decide where there is an abuse of right.

O terrorismo e o impacto nos Direitos Humanos

Terrorism is at the center of speeches in contemporary societies. Terrorism has caused a great instability in Western society, but if before the Islamic fundamentalist terrorism was just a threat to the West, the Arab world of today suffers this same reality. Human rights conquered in the past, are being constantly violated and forgotten by the countries that make them flag of their ideals as the US, that this fight against terrorism already violated in every way those rights. Human rights are the fundamental pillars to be able to live in society and serve to protect the humanity of the atrocities that have been committed in the past with the great wars. Human rights are the fundamental pillars to be able to live in society and serve to protect the humanity of the atrocities that have been committed in the past with the great wars. Atrocities as torture, which is prohibited by several international documents and yet these inhumane practices continue to be used as a means of combating terrorism. Democracies are fragmented and the great challenge facing this century is finding means to contain the growth of these Islamic radicals, without jeopardizing the universally known human values.

Contratos de prestação de serviços de comunicações electrónicas

The object of this dissertation is the analysis of the legal framework applicable to contracts for provision of electronic communications services, while trying to offer solutions to some of the issues regarding this matter. The main focus of this study will be the rules concerning service’s suspension, which have been recently amended. The technological development and the establishment of these services as information transmitters and work tools were noteworthy for its growing importance at the present time. These services include cable television, telephone (landline and mobile) and internet and they are regulated by Law nr 23/96, July 26th, along with other essential public services. Said law sets a group of principles and duties, such as good faith (article 3), continuity and quality of the service (article 7) and the duty to rightfully inform the user (article 4), in order to protect the users. For the analysis of legal framework applicable to these particular contracts it is also fundamental to mention Law nr 5/2004, February 10th, known as Electronic Communications Law. The provisions regarding the service’s suspension are currently prescribed in articles 52.º and 52.º-A of the law. Given the amendments introduced by Law nr 10/2013, January 28th, consumers are subjected to a regulation different from the one applicable to the other users, established in the new article 52.º-A. From our analysis, we have concluded that the main change from past provisions has to do with the automatic termination of the contract as consequence of the consumer’s failure to pay the price or to conclude a written payment arrangement after service’s suspension.

As práticas comerciais desleais

The following study aims to examine a controversial and relatively unexplored subject within our system: the legal framework on unfair business-to-consumer commercial practices. Given the fact that this subject is based on the Directive 2005/29/EC, we considered to be appropriate to explore, firstly, the background and origin of such normative instrument. Nevertheless, we have centered our analysis on the interpretation of the set rules established by the Portuguese legal system (Law nr 57/2008, March 26th). For this dissertation, we have proposed a model of tripartite approach. Chapter V seeks to shed light on the general clause by analyzing a set of open concepts such as professional diligence, honest market practice, good faith or material distortion of the consumer’s economic behavior. In chapter VI, we will focus on two common types of unfair commercial practices: misleading and aggressive practices. Finally, due to the fact that chapter VII deals with the black list, we have illustrated the listed practices by giving real life examples. Taking into account the indefinite concepts used in the general prohibition and in the misleading and aggressive clauses, it is particularly difficult to demonstrate the unfairness of the professional’s behavior. In the light of this information, we have concluded that the regime fails on achieving its main goal: it does not protect proper and effectively the consumer’s interests.

O impacto do diagnóstico de demência no casal

RESUMO: A experiência de viver com demência ocorre, frequentemente, num contexto de uma relação conjugal duradoura. A qualidade da relação e o sentido de coerência (conjunto de características pessoais que permite compreender, gerir e integrar os factores de stress de forma construtiva) apresentam-se como factores promotores e protectores da saúde, no contexto de experiências adversas, nomeadamente de doença. Provavelmente, o mesmo poderá acontecer nos quadros demenciais. O presente estudo teve como objectivo principal analisar o impacto do diagnóstico, no contexto das fases iniciais de demência, em casais de pessoas idosas, explorando o papel da qualidade da relação conjugal e do sentido de coerência na confrontação com o diagnóstico e na experiência de viver com a doença. Realizámos um estudo observacional de seis casais de pessoas idosas (pessoas com demência e respectivos cônjuges prestadores de cuidados), com recurso a entrevistas individuais e conjuntas como suplemento metodológico central, suportado pela utilização dos instrumentos: Orientation to Life Questionnaire - SOC (Antonovsky, 1987) e Quality of Carer-Patient Relationships – QCPR (Spruytte et al. 2000). Os resultados sugerem que a qualidade da relação e um sentido de coerência mais elevado podem facilitar uma adaptação bem-sucedida aos desafios, promover a adopção de estratégias para reforçar os aspectos positivos da experiência de cuidar e atenuar os negativos (sobrecarga e sofrimento psíquico do cuidador), encorajar padrões positivos no acesso e na utilização dos cuidados formais e adiar a institucionalização precoce da pessoa com demência.----------------------- ABSTRACT: In couples, caregiving experiences in dementia usually occur within long-standing relationships preceding the onset of the illness and evolving as it progresses. The quality of relationship (QR) and Antonovsky’s salutogenic construct of sense of coherence (SOC) are assumed to promote and protect health in stressful situations, such as dementia. SOC refers to the extent to which a person considers his/her life as comprehensible, manageable and meaningful. We aim to uncover the role of QR and SOC as moderator or mediator in the ability of patients and their partners to cope with the impact of dementia We studied six couples in which one spouse had been diagnosed with dementia. We used a qualitative research approach (combining in-depth individual and joint interviews), triangulated with the measures Orientation to Life Questionnaire - SOC scale (Antonovsky, 1987) and the Quality of Carer-Patient Relationships – QCPR (Spruytte et al. 2000). The method was informed by a literature review on the role of RQ and SOC within dementia. Results highlight the importance of listening to both spouses, in a dyadic perspective, while acknowledging the voice of PwD themselves despite methodological challenges. Aspects of prior relationship impact on caregiving dynamics and on how the care-giver and care-recipient roles are experienced. At the same time, the experience of living with dementia impacts on the relationship, often causing change or loss which is difficult to accept or adjust to. Diagnosis played an important role on the SOC’s comprehensibility component (life makes sense). Good pre-caregiving and current relationship was associated with carers’ ability to cope, namely on SOC’s manageability (problems will be bearable) and meaningfulness (life is viewed as a challenge). Our findings suggest that an understanding of QR and SOC prior to diagnosis may encourage positive patterns of care, foster successful adaptation to changing needs, and support in-home arrangements as long as possible.

Suplementos alimentares: percepção dos profissionais dos cuidados de saúde primários quanto à segurança

RESUMO - Enquadramento: À semelhança do que tem acontecido com o risco de reacções adversas a medicamentos (RAM), também o risco de reacções adversas a suplementos alimentares tem aumentado gradualmente, com o aumento do consumo destes produtos definidos como géneros alimentícios comuns. Existem vários estudos publicados na área das RAM e alguns na área dos suplementos alimentares, mas a maior parte da investigação decorre em contexto hospitalar, sendo raros os estudos realizados nos cuidados de saúde primários (CSP). Assim, o presente estudo, ao avaliar a percepção dos profissionais de saúde dos CSP face à segurança dos suplementos alimentares, pretende contribuir para o aumento do conhecimento nesta área, o que permitirá o desenvolvimento de estratégias adequadas, que reduzam a ocorrência de eventos adversos e protejam a população. Métodos: Trata-se de um estudo observacional, transversal e analítico, com recurso a inquérito por questionário desenvolvido para o efeito. O presente estudo incluiu todos os profissionais de saúde dos Agrupamentos de Centros de Saúde (ACeS) Lisboa Central e Pinhal Litoral que aceitaram participar. Globalmente, a amostra do estudo (n=190) corresponde a 28% da população de profissionais de saúde dos dois ACeS. Resultados: O presente estudo permitiu concluir que muitos dos profissionais de saúde (64 a 93%) considera que a toma de suplementos alimentares pode representar algum risco para a saúde dos consumidores. Referem inclusivamente conhecer algumas reacções adversas associadas ao consumo destas substâncias, embora a maioria (85%) admita desconhecer a forma adequada de proceder à sua notificação. Contudo, esse conhecimento dos riscos para a saúde, ou mesmo das reacções adversas associadas, não parece condicionar os hábitos de prescrição ou aconselhamento aos utentes nem os hábitos de consumo pessoal de suplementos alimentares. Conclusões: Os resultados obtidos reforçam a necessidade de realização de mais estudos nesta área. Parece igualmente necessário o envolvimento dos Conselhos Clínicos e de Saúde dos ACeS na promoção da notificação de eventos adversos e a aposta na formação dos profissionais de saúde na área dos suplementos alimentares.

O sigilo bancário e a fraude fiscal

Tax evasion and fraud threaten the economic and social objectives of modern tax systems, precluding the state funding for the satisfaction of collective needs and the fair distribution of wealth, being a violation of basic principles and values of our society. In tax law, to give tax administration the necessary powers to supervise and control the information provided by taxpayers and combat tax evasion and fraud, over the last years the grounds for a derogation of bank secrecy without judicial authorization have been extended, which raises some constitutional compatibility issues. Similarly, this tendency of making this legal regime more flexible and increasing automatic exchange of information has been followed by the European Union and the international community. Banking secrecy, as a professional secrecy, is an instrument to protect the right to privacy but also appears as an anti-abuse and repressive mechanism of evasive and fraudulent behaviors. Because of the conflict of interests will always be necessary to make a practical agreement between them, ensuring the legality and the due guarantees of the taxpayers but also an effective way to combat tax evasion and fraud. Bank secrecy cannot be one method to, behind the right to privacy, taxpayers practice illegal activities. But the practice of these irregular conducts also does not justify a total annihilation of the right to banking secrecy, uncovering all documents and bank information’s. Although considering the legislative changes, the administrative derogation of bank secrecy will always be what the tax administration does of it.

Geopolymers as infill material for conservation of azulejos

The restoration materials currently used to fill gaps in architectural historical azulejos (e.g. lime or organic resin pastes) usually show serious drawbacks in terms of compatibility, effectiveness and durability. The existing solutions do not fully protect azulejos in outdoor conditions and frequently result in further deterioration. Geopolymers can be a potential solution for azulejo lacunae infill given the chemical-mineralogical similitude to the ceramic body, and also the durability and versatile range of physical properties that can be obtained through the manipulation of their formulation and curing conditions. This work presents and discusses the viability of the use of geopolymeric pastes to fill lacunae in azulejos or to act as “cold” cast ceramic tile surrogates reproducing missing azulejo fragments. The formulation of geopolymers, namely the type of activators, the aluminosilicate source, the amount of water (to meet adequate workability requirements) and curing conditions were studied. The need for post-curing desalination was also considered envisaging their application in the restoration of outdoor architectural historical azulejos frequently exposed to adverse environmental conditions. The possible advantages and disadvantages of the use of geopolymers in the conservation of azulejos are also discussed. Several techniques were used to study the chemical and physical behavior of geopolymers, namely FT-IR, XRD, MIP, SEM-EDS, WDXRF, electrical conductivity, open porosity, bending strength, adhesion strength, water vapour permeability, thermal expansion and hydric expansion. The results indicate that geopolymers are a promising material for restoration of azulejos, exhibiting some properties, such as adhesion to the ceramic substrate, higher than inorganic materials used nowadays, such as aerial lime based pastes.

A protecção jurídica do consumidor em Angola

The scope of the present work is to study the legal protection conferred upon the consumer in Angola, especially as regards electronic communication agreements. Its purpose is to promote consumers’ rights and contribute to its defence given the relatively privileged position of professionals in their relationship with consumers. With this in mind, we have made a description of the Consumer Law in Angola based on the Angolan Constitution (as the law that establishes the fundamental rights and guarantees of citizens) and on the Consumer’s Defence Law, which, as the basic law regarding consumers’ rights, provides the framework for this dissertation. We have analysed several aspects relating to consumer relationships, starting from its concept and rights of consumers and covering the legal and contractual mechanisms put in place for their protection. We have also analysed the Advertising Law with a view to better understand consumer’s rights before advertising campaigns carried out by professionals whilst promoting their goods and services and, additionally, to understand the duties and principles that shall be complied with in such campaigns with the purpose to protect the rights and interests of consumers. From a criminal point of view, we have briefly covered the crimes against consumers provided for in the Penal Code and the Law of Infractions against the Economy. In the second part of this work, we have summarised the institutions that protect the rights and interests of consumers, which include the Public Prosecutor Office, the National Institute for the Defence of the Consumers and the Consumers’ Associations. The third and last part of this work covers electronic communications agreements. Given the fact that there is no specific legislation in this matter, our analysis was based on the Civil Code – specifically the part relating to contracts – the Law on General Contractual Terms and Conditions and the Consumer’s Defence Law. We have analysed the formation of contracts, compliance and consumers’ rights resulting from contract breach. We further have appealed to the Angolan legislator to legislate certain aspects of consumer relationships, especially those where breach of consumers’ rights are blatant and facilitated by the lack of specific laws addressing such cases.

O âmbito de aplicação material da legislação de proteção de dados pessoais e o tratamento de imagem por pessoa singular

Images have gained a never before seen importance. Technological changes have given the Information Society extraordinary means to capture, treat and transmit images, wheter your own or those of others, with or without a commercial purpose, with no boundaries of time or country, without “any kind of eraser”. From the several different ways natural persons may engage in image processing with no commercial purpose, the cases of sharing pictures through social networks and video surveillance assume particular relevance. Consequently there are growing legitimate concerns with the protection of one's image, since its processing may sometimes generate situations of privacy invasion or put at risk other fundamental rights. With this in mind, the present thesis arises from the question: what are the existent legal instruments in Portuguese Law that enable citizens to protect themselves from the abusive usage of their own pictures, whether because that image have been captured by a smartphone or some video surveillance camera, whether because it was massively shared through a blog or some social network? There is no question the one's right to not having his or her image used in an abusive way is protected by the Portuguese constitution, through the article 26th CRP, as well as personally right, under the article 79th of the Civil Code, and finally through criminal law, articles 192nd and 193rd of the Criminal Code. The question arises in the personal data protection context, considering that one's picture, given certain conditions, is personal data. Both the Directive 95/46/CE dated from 1995 as well as the LPD from 1998 are applicable to the processing of personal data, but both exclude situations of natural persons doing so in the pursuit of activities strictly personal or family-related. These laws demand complex procedures to natural persons, such as the preemptive formal authorisation request to the Data Protection National Commission. Failing to do so a natural person may result in the application of fines as high as €2.500,00 or even criminal charges. Consequently, the present thesis aims to study if the image processing with no commercial purposes by a natural person in the context of social networks or through video surveillance belongs to the domain of the existent personal data protection law. To that effect, it was made general considerations regarding the concept of video surveillance, what is its regimen, in a way that it may be distinguishable from Steve Mann's definition of sousveillance, and what are the associated obligations in order to better understand the concept's essence. The application of the existent laws on personal data protection to images processing by natural persons has been analysed taking into account the Directive 95/46/CE, the LPD and the General Regulation. From this analysis it is concluded that the regimen from 1995 to 1998 is out of touch with reality creating an absence of legal shielding in the personal data protection law, a flaw that doesn't exist because compensated by the right to image as a right to personality, that anyway reveals the inability of the Portuguese legislator to face the new technological challenges. It is urgent to legislate. A contrary interpretation will evidence the unconstitutionality of several rules on the LPD due to the obligations natural persons are bound to that violate the right to the freedom of speech and information, which would be inadequate and disproportionate. Considering the recently approved General Regulation and in the case it becomes the final version, the use for natural person of video surveillance of private spaces, Google Glass (in public and private places) and other similar gadgets used to recreational purposes, as well as social networks are subject to its regulation only if the images are shared without limits or existing commercial purposes. Video surveillance of public spaces in all situations is subject to General Regulation provisions.

Contratos de prestação de serviços de comunicações electrónicas

The object of this dissertation is the analysis of the legal framework applicable to contracts for provision of electronic communications services, while trying to offer solutions to some of the issues regarding this matter. The main focus of this study will be the rules concerning service’s suspension, which have been recently amended. The technological development and the establishment of these services as information transmitters and work tools were noteworthy for its growing importance at the present time. These services include cable television, telephone (landline and mobile) and internet and they are regulated by Law nr 23/96, July 26th, along with other essential public services. Said law sets a group of principles and duties, such as good faith (article 3), continuity and quality of the service (article 7) and the duty to rightfully inform the user (article 4), in order to protect the users. For the analysis of legal framework applicable to these particular contracts it is also fundamental to mention Law nr 5/2004, February 10th, known as Electronic Communications Law. The provisions regarding the service’s suspension are currently prescribed in articles 52.º and 52.º-A of the law. Given the amendments introduced by Law nr 10/2013, January 28th, consumers are subjected to a regulation different from the one applicable to the other users, established in the new article 52.º-A. From our analysis, we have concluded that the main change from past provisions has to do with the automatic termination of the contract as consequence of the consumer’s failure to pay the price or to conclude a written payment arrangement after service’s suspension.

Cross-presentation by WASp deficient B cells and dendritic cells

The immune system comprises of different cell types whose role is to protect us against pathogens. This thesis investigates a very important mechanism for our organism protection in a specific disorder: cross-presentation in Wiskott-Aldrich Syndrome (WAS). WAS is caused by loss-of-function mutations in the cytoskeletal regulator WASp and WAS patients suffer from eczema, thrombocytopenia, and immunodeficiency. X-linked neutropenia (XLN) is caused by gain-of-function mutations in WASp and XLN patients suffer from severe congenital neutropenia and immunodeficiency. This thesis was focused on the role of B and T lymphocytes and dendritic cells (DCs). This work will be divided into two main topics: 1) In the first part I studied the capacity of B cells to take up, degrade and present antigen. Moreover I studied the capacity of B cells to induce T cell proliferation. 2) In the second part, I studied T cell proliferation induced by dendritic cells. To increase our understanding about this mechanism, additional experiments were performed, including acidification capacity of CD8+ and CD8- DCs, reactive oxygen species (ROS) production since it is directly connected to acidification. These assays were measured by flow cytometry. Localization of Rac1 and Rac2 GTPases was assessed by confocal microscopy. Proliferation, acidification and ROS production assays were performed also with cells from X-linked neutropenia (XLN) mice. From this study we concluded that B cells cannot induce CD8+ T cell proliferation however they take up and present antigen. Moreover I have shown that increased cross-presentation by WASp KO DCs with ovalbumin is associated with decreased capacity to acidify endosomal compartment; and WASp KO CD8- DCs have increased Rac2 localization to the phagosome. XLN dendritic cells have similar acidification and ROS production capacity than wildtype cells. In conclusion, our data suggests that WASp regulates antigen processing and presentation in DCs.

A type system for value-dependent information flow analysis

Information systems are widespread and used by anyone with computing devices as well as corporations and governments. It is often the case that security leaks are introduced during the development of an application. Reasons for these security bugs are multiple but among them one can easily identify that it is very hard to define and enforce relevant security policies in modern software. This is because modern applications often rely on container sharing and multi-tenancy where, for instance, data can be stored in the same physical space but is logically mapped into different security compartments or data structures. In turn, these security compartments, to which data is classified into in security policies, can also be dynamic and depend on runtime data. In this thesis we introduce and develop the novel notion of dependent information flow types, and focus on the problem of ensuring data confidentiality in data-centric software. Dependent information flow types fit within the standard framework of dependent type theory, but, unlike usual dependent types, crucially allow the security level of a type, rather than just the structural data type itself, to depend on runtime values. Our dependent function and dependent sum information flow types provide a direct, natural and elegant way to express and enforce fine grained security policies on programs. Namely programs that manipulate structured data types in which the security level of a structure field may depend on values dynamically stored in other fields The main contribution of this work is an efficient analysis that allows programmers to verify, during the development phase, whether programs have information leaks, that is, it verifies whether programs protect the confidentiality of the information they manipulate. As such, we also implemented a prototype typechecker that can be found at http://ctp.di.fct.unl.pt/DIFTprototype/.

O contrato de transporte aéreo

The international conventions and agreements on civil liability emerged with the purpose of regulating the liability of the air carrier, bearing in mind two essential factors: i) the need to protect passengers interests, and ii) to ensure the continuous development of an incipient activity by limiting the compensation amounts. This research will focus on the analysis of the nature of the contract of air carriage, as well as the air carrier's liability regime regarding damages endured by passengers that may result from the non-performance of the contract.