“The Origin of Specis” (Patent Specifications) BASIC FACTS (A.K.A
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Appeal PART VI - APPEALS PROCEDURE 1
Key to the European Patent Convention Edition 2015 Part VI Article 106 - Decisions subject to appeal PART VI - APPEALS PROCEDURE 1. decisions [A106(1)] G0005/91 [T0479/04] Article 106i - Decisions subject to appeal Composition of the opposition division, partiality. (1) An appeal shall lie from decisions1 of the Receiving Section2, Examining Divisions, Opposition Divisions3 Under the EPC is no legal basis for separate appeal and the Legal Division. It4 shall have suspensive5 ef- against an order by a director of a department of first fect. instance such as an opposition division rejecting an ob- 6 jection to a member of the division on the ground of (2) A decision which does not terminate proceedings suspected partiality. The composition of the opposition as regards one of the parties can only7 be appealed to- 8 9 10 division could however be challenged on such a ground gether with the final decision , unless the decision in an appeal against its final decision or against a sepa- 11 12 allows a separate appeal . rately appealable interlocutory decision under article (3) The right to file an appeal against decisions relating 106 (3) EPC. to the apportionment or fixing of costs in opposition proceedings may be restricted in the Implementing D0015/95 [D0028/97, D0001/98, D0023/99, Regulations. D0024/99, D0009/03, D0025/05, D0004/11] Ref.: Art. 104 R. 63, 65, 68, 90 Of the Disciplinary Committee. PCT: R. 82ter Appealability of a Disciplinary Committee decision dismissing a complaint. A Disciplinary Committee de- cision dismissing a complaint is a decision in the legal 1. -
Judicial Reform in Serbia 2008–2012
VESNA RAKIĆ- VODINELIĆ ANA KNEŽEVI Ć BOJOVIĆ MARIO RELJANOVIĆ JUDICIAL REFORM IN SERBIA 2008–2012 CENTAR ZA UNAPREĐIVANJE PRAVNIH STUDIJA prof. dr Vesna Rakić Vodinelić • dr Ana Knežević Bojović dr Mario Reljanović JUDICIAL REFORM IN SERBIA 2008–2012 Library Editor Prof. dr Jovica Trkulja Published by Center For Advanced Legal Studies Goce Delceva 36, 11 000 Beograd tel: 2608 360, fax:2608 346 e-mail: [email protected], www.cups.rs For The Publisher prof. dr dr.h.c. Vladimir Vodinelic Reviewed by prof. dr Momčilo Grubač prof. dr Mihajlo Dika prof. dr Zoran Ivošević Translated by Ana Knežević Bojović Language Editing Svetlana Imperl Prepress and printing „Dosije studio“, Beograd Circulation 500 copies ISBN 978-86-7546-076-3 dr VESNA RAKIĆ VODINELIĆ dr ANA KNEŽEVIĆ BOJOVIĆ dr MARIO RELJANOVIĆ JUDICIAL REFORM IN SERBIA 2008–2012 Belgrade 2012 TABLE OF CONTENTS Preface. 9 Abbreviations. 11 Vesna Rakić-Vodinelić PART ONE I: REFORMING THE JUDICIARY – THE 2008–2010 PERIOD . 13 1. Introductory Observations . 13 1.1. Is There a Formula of „Good Judiciary“? . 13 1.2. Elements of the „Good Judiciary“ Formula. 17 1.3. Judicial Councils . 18 1.4. Legal Reception of European Standards Concerning the Judiciary in Serbia . 22 2. Normative Grounds . 35 2.1. International Legal, Theoretic, Constitutional and Statutory Grounds of the Latest Judicial Reform . 35 2.2. The Constitution and the ConStitutional act for the Implementation Of the Constitution . 39 2.3. Judicial Organisation Statutes . 44 2.4. Decision on Establishing the Criteria and Norms for Assessing the Competence, Capacity and Worthiness for the Appointment of Judges and Court Presidents . -
How to Get a European Patent
European Patent Guide How to get a European patent 19th edition Updated to 1 April 2019 Contents Chapter 1 – Foreword .................................................................................. 7 Chapter 2 – General ..................................................................................... 9 2.1 Introduction ................................................................................................................... 9 2.2 Nature and purpose of the European Patent Convention ....................................... 10 2.3 Relationship to other international conventions ..................................................... 11 2.4 Choosing a route: national, European or international........................................... 12 Legal factors ...................................................................................................... 12 Economic factors ............................................................................................... 13 2.5 Extending/validating European patents to/in non-contracting states ................... 14 Chapter 3 – Patentability ........................................................................... 16 3.1 Introduction ................................................................................................................. 16 3.2 Invention ...................................................................................................................... 16 3.3 Novelty ........................................................................................................................ -
Basic Understanding of Intellectual Property
BASIC UNDERSTANDING OF INTELLECTUAL PROPERTY Jacob N. (Jesse) Erlich, Partner, Burns & Levinson LLP Kathy Chapman, Assistant Counsel IP, U.S. Naval Research Laboratory BACKROUND A company or individual entering the world of business should maintain ownership of its innovative developments. These innovative developments generally take the form of intellectual property, which is broadly defined as protectable developments of the mind. A more formal definition of intellectual property is an intangible or proprietary asset such as a patent, copyright, trademark, or trade secret. To better understand the various aspects of intellectual property protection, it is best to first understand that most intellectual property, particularly inventions, begins as a trade secret. Although patents may be the most common and well-known form of intellectual property, at its outset all forms of intellectual property begin as a trade secret. A trade secret is used to protect important business information that a business or an individual does not want to disclose to the public. In other words, to rely on trade secret protection, one must ensure that such trade secrets remain confidential. As a business develops, it becomes increasingly difficult to keep such information confidential; as such, the chances are that this information will become released to the public and protection will be lost. Therefore, it is important to understand various other types of intellectual property protection such as patents, trademarks, and copyrights. TRADE SECRETS The use of trade secrets to protect one's ideas is extremely important and can be considered an essential part of a business. However, to use trade secrets as a form of intellectual property protection, trade secrets must be kept confidential. -
Cross-Border Cooperation in the Execution Of
Crime, Law and Social Change (2020) 74:381–404 https://doi.org/10.1007/s10611-020-09900-7 Cross-border cooperation in the execution of sentences between the Netherlands, Germany and Belgium: an empirical and comparative legal study on the implementation of EU framework decisions 2008/909/JHA and 2008/947/JHA Robin Hofmann1 & Hans Nelen1 Published online: 14 May 2020 # The Author(s) 2020 Abstract This study aims at comparing legal practices in the execution of sentences within the framework of cross-border cooperation between The Netherlands, Belgium and Ger- many. Based on quantitative and qualitative data, the implementation of the EU Framework Decisions 2008/909/JHA on the transfer of prisoners and 2008/947/JHA on the mutual recognition of judgments and probation decisions in the three countries is analyzed. Interview data with legal practitioners suggest that social rehabilitation, consents of the convicted individuals and the actual place of living, play an important role in the initiations of transfers. Empirical evidence that both Framework Decisions are increasingly instrumentalized for migration control purposes, as the current scien- tific debate suggest, is weak in the three case countries. The relatively small numbers of transfers of prisoners and judgements show, that the transfer instrument is still not implemented to its full potential. This study exemplifies remaining challenges connect- ed to the principle of mutual trust in the daily practice of cross-border legal cooperation within the EU. Keywords Comparative criminal law . Penology . Cross-border cooperation . Sentencing . Crimmigration . Prison population . Prisoner transfer * Robin Hofmann [email protected] 1 Department of Criminal Law and Criminology, Faculty of Law, Maastricht University, Bouillonstraat 1-3, 6211 LHMaastricht, The Netherlands 382 Hofmann R., Nelen H. -
Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial Translation)
Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial translation) The Second Chamber of the Constitutional Court comprising Mr. Guillermo Jiménez Sánchez, President, Mr. Vicente Conde Martín de Hijas, Ms. Elisa Pérez Vera, Mr. Ramón Rodríguez Arribas and Mr. Pascual Sala Sánchez, Judges, has rendered IN THE NAME OF THE KING the following J U D G M E N T in the appeal for protection proceedings Nos. 1744-2003, 1755-2003 and 1773-2003, the first of which was filed by Ms. Rigoberta Menchú Tumn, Ms. Silvia Solórzano Foppa, Ms. Silvia Julieta Solórzano Foppa, Mr. Santiago Solórzano Ureta, Mr. Julio Alfonso Solórzano Foppa, Mr. Lorenzo Villanueva Villanueva, Ms. Juliana Villanueva Villanueva, Mr. Lorenzo Jesús Villanueva Imizocz, Ms. Ana María Gran Cirera, Ms. Montserrat Gibert Grant, Ms. Ana María Gibert Gran, Ms. Concepción Gran Cirera, Mr. José Narciso Picas Vila, Ms. Aura Elena Farfán, Ms. Rosario Pu Gómez, C. I. Est. Prom. Derechos Humanos, Mr. Arcadio Alonzo Fernández, Conavigua, Famdegua and Ms. Ana Lucrecia Molina Theissen, represented by Court Procurator Ms. Gloria Rincón Mayoral and defended by the attorney Mr. Carlos Vila Calvo, and by the Confederación Sindical de Comisiones Obreras, represented by Court Procurator Ms. Isabel Cañedo Vega and defended by the attorney Mr. Antonio García Martín; No. 1755-2003 by the Asociación de Derechos Humanos de España, represented by Court Procurator Ms. Irene Gutiérrez Carrillo and defended by the attorney Mr. Víctor Hortal Fernández; and No. 1773-2003 by Asociación libre de Abogados, Asociación contra la Tortura, Associació d’Amistat amb el Poble de Guatemala, Asociación Centro de Documentación y Solidaridad con América Latina y África and Comité Solidaridad Internacionalista de Zaragoza represented by Court Procurator Ms. -
Effects of Supplementary Protection Mechanisms for Pharmaceutical Products
Final report, May 2018 Effects of supplementary protection mechanisms for pharmaceutical products www.technopolis-group.com Effects of supplementary protection mechanisms for pharmaceutical products technopolis |group| May 2018 Thyra de Jongh* Alfred Radauer Sven Bostyn Joost Poort * Corresponding author. [email protected] About the authors Thyra de Jongh PhD, is a Senior Consultant Health & Life Sciences at Technopolis Group in Amsterdam. She specialises in analysis of health systems and policies, and research and innovation in the health and life sciences. She has a particular interest in pharmaceutical innovation and access to medicine. (thyra.dejongh@technopolis- group.com) Alfred Radauer, is Senior Consultant at Technopolis Group in Vienna and leads the Intellectual Property & Standards (IPS) group within Technopolis. His and the IPS group work elaborate on the interfaces between legal, technological and economic issues of IP and standards in innovation policy as well as the interaction of IP with regulation and other policy areas. ([email protected]) Sven Bostyn Lic.Jur, LL.M, PhD, is a senior lecturer in Intellectual Property Law at the University of Liverpool Law School. He is also an assistant professor at the Institute for Information Law, University of Amsterdam. He is one of the leading experts in Europe in patent law and related subjects in the areas of life sciences and pharmaceutical inventions, and has more than sixty single-authored publications. ([email protected]) Joost Poort PhD, is an associate professor in economics at the Institute for Information law, University of Amsterdam. He brings an economic perspective to various multidisciplinary research projects, with particular interest in intellectual property. -
US Patent Basics
US Patent Basics *A free e-copy of this book is available by request to [email protected]. US Patent Basics By Tamsen Valoir, PhD. Tamsen is a partner in the Houston office of Boulware & Valoir. She has a JD and LLM in Intellectual Property, a doctorate in molecular biology from Rice University, and her practice is primarily in intellectual property in the area of life sciences. [email protected]. 7th Edition, © 2012. Table of Contents 1. US PATENT BASICS ................................................................... 2 2. BEST MODE, OATH, CANDOR .................................................. 15 3. INVENTORSHIP ....................................................................... 18 4. PATENT REFORM 2011 ........................................................... 21 5. COST CONTROL ..................................................................... 29 6. PATENT STRATEGY ................................................................. 32 7. INTERNATIONAL PROTECTION ................................................ 38 8. RECEIPT OF A US PATENT ....................................................... 41 9. PATENT ENFORCEMENT .......................................................... 44 10. OTHER TYPES OF PROTECTION .............................................. 46 11. FDA BASICS .......................................................................... 49 12. TEN ISSUES FOR THE START-UP ............................................ 54 13. PATENT STATUTES ............................................................... -
Guidelines for Examination in the European Patent Office
GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European -
Resolution on Inadmissibility
* REPUBLIKA E KOSOVEs - PEnYJiJIHKA~ KOCOBO - REPUBLIC OF KOSOVO GJYKATA KUSHTETUESE YCTABHM CY,lJ; CONSTITUTIONAL COURT Prishtina, on 17 December 2020 Ref. no.:RK 1665/20 This translation is unofficial and serves for informational purposes only. RESOLUTION ON INADMISSIBILITY In Case No. KI189/19 Applicant Alban Miftaraj Constitutional review of Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court of 26 June 2019 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KOSOVO composed of: Arta Rama-Hajrizi, President Bajram Ljatifi, Deputy President Bekim Sejdiu, Judge Selvete Gerxhaliu-Krasniqi, Judge Gresa Caka-Nimani, Judge Safet Hoxha, Judge Radomir Laban, Judge Remzije Istrefi-Peci, Judge, and Nexhmi Rexhepi, Judge Applicant 1. The Referral was submitted by Alban Miftaraj, with permanent address in Prishtina (hereinafter: the Applicant). 1 Challenged decision 2. The Applicant challenges the constitutionality of Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court of 26 June 2019, which was served on him on 15 July 2019. Subject matter 3. The subject matter of the Referral is the constitutional review of the challenged Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court, of 26 June 2019, which allegedly violates the Applicant's rights guaranteed by Articles 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo (hereinafter: the Constitution), in conjunction with Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the ECHR). Legal basis 4. The Referral is based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. -
Mass Claims Proceedings in Practice a Few Lessons Learned
Mass Claims Proceedings in Practice A Few Lessons Learned By Pierre A. Karrer* Every mass claims process is different from the next. Mass claims pro- ceedings are set up by usually complex political processes. Legal and moral is- sues come to the fore. Money matters, but it is particularly important to see that somebody still cares. The relevant facts are difficult to establish and are often traumatic. to the next, a few lessons Still, as one goes from one mass claims1 process may be learned and may be worth recording. 1. SHOULD MASS CLAIMS COMMISSIONS BE ARBITRAL TRIBUNALS? 1.1. No. They should, however, be composed and operate to some extent like arbi- tral tribunals. 1.2. To be composed in arbitral fashion gives a mass claims commission legitimacy. The two sides of the controversy, or at least the champions of two sides of a controversy which may involve many more players, have a say about the com- 2 position of the commission. * Dr. iur.(Zurich); LLM (Yale), FCIArb; Hon. President, ASA Swiss Arbitration Associa- tion; Chairman, Property Claims Commission of the German Foundation "Remembrance, Responsi- bility and the Future." The views here expressed are the author's, not necessarily the Commission's. I. For a presentation of the Property Claims Commission's work which is now ending, see Karrer, "Mass Claims to provide rough justice", in Festschrift Peter Schlosser, 2005. See also www.iom.int; www.compensation-for-forced-labour.org. 2. For instance, two members of the Property Claims Commission were appointed by the Governments of the United States of America (Prof. -
NILLESEN POLLITT FINAL Dutch Regulatory Failure7
Cambridge Working Papers in Economics CWPE 0446 UNIVERSITY OF CAMBRIDGE Department of Applied Economics The Consequences for Consumer Welfare of the 2001-2003 Electricity Distribution Price Review in the Netherlands Paul H. L. Nillesen and Michael G. Pollitt Massachusetts Institute of Technology Center for Energy and Environmental Policy Research CMI Working Paper 50 Cambridge Working Papers in Economics UNIVERSITY OF CAMBRIDGE Department of Applied Economics Not to be quoted without permission M assachusetts Institute of Technology Center for Energy and Environmental Policy Research CMI Working Paper THE CONSEQUENCES FOR CONSUMER WELFARE OF THE 2001-2003 ELECTRICITY DISTRIBUTION PRICE REVIEW IN THE * NETHERLANDS Paul H L Nillesen1 Assistant Director, Corporate Finance & Recovery PricewaterhouseCoopers De Entree 201 Amsterdam, The Netherlands [email protected] Michael G Pollitt2 Senior Lecturer in Business Economics Judge Institute of Management Cambridge CB2 1AG United Kingdom [email protected] September 2004 Abstract The Dutch regulatory process for setting the first X-Factors in the electricity distribution sector has gone badly wrong. During two-and-a-half years four different X-Factors were published by the regulator. These X-Factors fluctuated wildly. We demonstrate that Dutch electricity consumers will pay at least €300mln. more over three years for the distribution of electricity than might otherwise have been the case. We estimate that benefits for the companies in terms of extra revenue from lowered X-Factors amounts to 3~5 percent of total asset value. We provide a history of the regulatory process and analyse the impact of the different X-Factors on the final bills of consumers.