Eligibility of judges

Author(s):  
Peter Tochtermann

Art 19 UPCA provides for a training framework which was included in the Agreement to help to improve the competence of judges and to ensure that knowledge of patent law and the UPC system is widely spread amongst the Member States of the UPC. The training framework will also be used to prepare applicants for their position as judges of the UPC as only nationals of a signatory state to the UPCA can be appointed as a judge of the Court. As noble as these goals may be, they must not fuel the possible misunderstanding that it would be sufficient to prove practical experience merely by participation in lectures, seminars, conferences, or mock trials. Such training elements are, of course, useful but can never compensate for lack of practical experience in handling patent cases.

2018 ◽  
Vol 10 (1) ◽  
pp. 126-146
Author(s):  
Juliana Almeida ◽  
Guilherme Oliveira e Costa

Abstract For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and promote scientific and technological development. However, problems might arise because of the plurality of legal sources that could be involved and due to the fact that not all countries want to be part of this new system. Nevertheless, the involvement of the majority of the Member-States in the Unitary Patent Package, through participating in an international agreement and in using the EU’s enhanced cooperation mechanism, is evidence of federalist manifestations of the EU as a sui generis organisation.


Author(s):  
Michele Laraia

Although the state-of-the-art technology for decommissioning nuclear research reactors is probably adequate to cope with most difficulties associated with the dismantling of such facilities, it is generally imperative to improve, adapt or optimise technologies for the specific needs of the reactor to be dismantled. Learning from others rather than re-inventing the wheel makes sense in today’s globalisation context. This approach is expected to match the needs of many developing countries. The objective of the IAEA’s Co-ordinated Research Project (CRP) on Decommissioning Techniques for Research Reactors was to promote the exchange of information on the practical experience gained by Member States in decommissioning or operation, maintenance, and refurbishment activities which would be eventually related to the decommissioning of research reactors. Special emphasis was given to the development/adaptation of methods and approaches for optimisation of the decommissioning process. Fourteen institutions from thirteen Member States of the IAEA took part in this CRP that lasted from 1997 to 2002. It is felt that the IAEA project succeeded in transferring information and know-how from active decommissioning projects to those planning for decommissioning. It is also expected that this project will draw Member States’ attention to the need for timely planning for and implementation of decommissioning. In some Member States there are research reactors that are kept in an extended state of shutdown, pending decisions on continued operation, extensive refurbishment or decommissioning. This situation — which frequently lasts for many years — weighs heavily on staff morale and motivation, state resources, entails deterioration of structures and components, and may in the longer term have very serious safety implications. The IAEA project is expected to offer the Member States the opportunity of considering financial and other impacts of decommissioning research reactors, so that decommissioning actions can be initiated without undue delay. Aspects such as fuel and waste management and provisions for other technical, administrative and financial resources require timely preparation.


2004 ◽  
pp. 43-53
Author(s):  
Athéné Neszmélyi

The comprehensive agricultural policy of Slovenia during the setting-up of its agricultural institutional system for implementation of the Common Agricultural Policy has enabled the setting-up and design of the Paying Agency system to handle national and EU subsidies according to schedule. The country has acted on the advice of the European Union to use the introduction of SAPARD measures as a preparatory and experimental field for utilising subsidies after EU accession. Moreover, in addition to the importance of gaining practical experience in the field of implementation of rural development measures, Slovenia has recognised the necessity to become familiar with the application procedures for obtaining direct payments relevant for the largest group of beneficiaries, farmers. Accordingly, farmers have been practicing for 3 years how to fill in application forms, and have gained important experience before opening the most relevant resources. Also, the advisers supporting farmers to obtain subsidies have been trained during the last 3 years, in order to provide real assistance. EU agricultural subsidies are not divided among the Member States; there will be a strong competition not only with the new Member States, but also with the farmers of the more developed EU-15.Slovenia has done its best in order to launch its farmers – due to the different development levels of the EU-25 Member States – into this very strong competition not like pupils, but at least like mature secondary school students.


Author(s):  
Peter Tochtermann

To guarantee equal representation of each Member State’s interests, each CMS proposes a member with expertise in patent matters to become a member of the Advisory Committee. It is the objective of the Advisory Committee to support the members of the Administrative Committee to appoint suitable judges and admit those who are suitably qualified (Art 48 UPC) as well as advising on setting up the training framework. As the members of the Administrative members are not necessarily experienced in patent law, it is of the utmost importance that the Member States only appoint patent experts with the highest recognized competence.


2016 ◽  
Vol 1 (11) ◽  
pp. 81-85
Author(s):  
Melanie Hudson

The Clinical Fellowship Experience is described by the American Speech-Hearing-Language Association (ASHA) as the transition period from constant supervision to independent practitioner. It is typically the first paid professional experience for the new graduate, and may be in a setting with which the new clinician has little or even no significant practical experience. The mentor of a clinical fellow (CF) plays an important role in supporting the growth and development of this new professional in areas that extend beyond application of clinical skills and knowledge. This article discusses how the mentor may provide this support within a framework that facilitates the path to clinical independence.


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