Mutagenesis, ‘essentially biological processes’ and patent exceptions

2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biological Processes ◽  
Patent Office ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recent Developments ◽  
Living Material ◽  
Council Of State

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.

SEP Litigation and Huawei

2017 ◽  
Vol 62 (4) ◽  
pp. 786-805 ◽  
Author(s):  
Rupprecht Podszun
Keyword(s):  
European Union ◽  
Patent Law ◽  
European Law ◽  
The European Union ◽  
Dominant Position ◽  
Court Of Justice ◽  
Essential Patent ◽  
Patent Thickets ◽  
Standard Essential Patent

In the 2015 case Huawei/ZTE, the Court of Justice of the European Union took one of its rare opportunities to rule on the interface of antitrust and patent law. The question before the Court was whether the holder of a standard-essential patent abuses a dominant position by seeking an injunction against a potential licensee. Regarding a previous line of cases under European law, the Court took a surprisingly easy solution by forcing the companies to get back to the negotiation table. This may be attributed to a new methodological balancing approach of the Court. While acknowledging the problem of patent thickets, the Court restrains the role of antitrust authorities in this field.

The Embryo and its Rights: Technology and Teleology

2013 ◽  
Vol 14 (10) ◽  
pp. 1939-1958 ◽  
Author(s):  
Bert van Roermund
Keyword(s):  
European Union ◽  
Patent Law ◽  
Fundamental Rights ◽  
First Person ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Different Types ◽  
Fault Lines

Why do fundamental rights and market freedoms attract and repel each other? Why can they neither be together nor remain separate? This paper argues that at least part of the explanation is that they are each governed by different types of “logic.” They are at the fault-lines of different discourses. Market freedoms are promoted in a technological discourse, fundamental rights in a teleological discourse. The former are expressed in an observational view from above, while the latter embody the view of a first-person agent. Travelling back and forth between these two discourses, as legal authorities like the European legislator and the Court of Justice of the European Union (CJEU) often have to do, is an ambiguous enterprise. It may create opacity, but it may also bring clarity to the otherwise muddy waters of a “common” (now: “internal”) EU market under capitalist conditions. Much is dependent on their ability to orientate themselves on a map that recognizes the poles of these discourses, technology and teleology. This paper contributes to drawing that map through analysis of a case study in patent law involving the concept of an embryo. Construed as “an autonomous concept of European law” the notion of an embryo will appear to be paradigmatic of alternative ways in which the two discourses may relate to each other.

8. European Actions

2020 ◽  
pp. 180-208
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Member State ◽  
Judicial Review ◽  
Strict Sense ◽  
European Law ◽  
The European Union ◽  
Enforcement Action ◽  
Court Of Justice ◽  
Judicial Actions ◽  
The Eu

This chapter describes the direct enforcement of European law in the European Courts. The judicial competences of the European Courts are enumerated in the section of the Treaty on the Functioning of the European Union (TFEU) dealing with the Court of Justice of the European Union. The chapter discusses four classes of judicial actions. The first class is typically labelled an ‘enforcement action’ in the strict sense of the term. This action is set out in Articles 258 and 259 TFEU and concerns the failure of a Member State to act in accordance with European law. The three remaining actions ‘enforce’ the European Treaties against the EU itself. These actions can be brought for a failure to act, for judicial review, and for damages.

A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Piotr Sitnik
Keyword(s):  
Case Law ◽  
Third Party ◽  
European Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
Council Directive ◽  
European Standards ◽  
Polish Law ◽  
The Right

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

Fag og Arbejde v. Kommunernes Landsforening (CJEU)

2015 ◽  
Vol 54 (4) ◽  
pp. 735-746
Author(s):  
Krista Nadakavukaren Schefer
Keyword(s):  
European Union ◽  
Body Weight ◽  
European Law ◽  
The European Union ◽  
Persons With Disabilities ◽  
Unequal Treatment ◽  
Court Of Justice

On December 18, 2014, the Court of Justice of the European Union (CJEU or the Court) issued its judgment of the case Fag og Arbejde (FOA) v. Kommunernes Landsforening (KL).1 The CJEU’s decision is notable for being the first in which the Court directly rules on the question of whether discrimination based on body weight is prohibited under European law. Finding that there is no general prohibition on obesity discrimination in the employment context, the Court of Justice of the European Union nevertheless considers that in some cases, obesity can be a cause of disability. As a result, unequal treatment of obese persons could be a violation of the protections of non-discrimination enjoyed by persons with disabilities.

scholarly journals The Future of Criminal Law within the European Union - Union Law or Community Law Competence?

2007 ◽  
Vol 38 (1) ◽  
pp. 145
Author(s):  
Verena Murshetz
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
European Constitution ◽  
Criminal Sanctions ◽  
Court Of Justice ◽  
European Court ◽  
Recent Developments ◽  
Criminal Matters ◽  
The Eu

Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions  and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.

scholarly journals The Harness of Intellectual Capital for Economic Progress and Sustainability

2019 ◽  
Author(s):  
Irina Chiriac ◽  
Gabriela Ignat ◽  
George Ungureanu ◽  
Dragoş Alexandru Robu ◽  
Carmen Luiza Costuleanu
Keyword(s):  
Intellectual Capital ◽  
Energy Intensity ◽  
European Patent ◽  
Patent Office ◽  
The European Union ◽  
Major Area ◽  
Economic Progress ◽  
Number Of Factors ◽  
Capital Growth ◽  
Total Turnover

Bio-economy is a major area of the strategy that must enable the European Union to achieve growth: smart, through the development of knowledge and innovation; and sustainable, based on a greener, more efficient economy in resource management. We believe that the progress of bio-economy cannot be achieved without the harnessing of intellectual capital. Our research aimed to emphasize the benefits of the dynamics of the intellectual capital growth on the evolution of the bio-economy. The aim of this analysis was to study the established link between the Energy Intensity of the Economy (EIE) and a number of factors that can measure the intellectual capital, such as: Market Capitalization of Bitcoin, Patent applications listed by European Patent Office and the Turnover from Innovation as a proportion of the total Turnover. The ultimate goal was represented by the generation of a regression model to see what factor influences mostly the progress of the bio-economy at European and Romanian level.

scholarly journals The Harness of Intellectual Capital for Economic Progress and Sustainability

2018 ◽  
Author(s):  
Irina Chiriac ◽  
Gabriela Ignat ◽  
George Ungureanu ◽  
Dragoş Alexandru Robu ◽  
Carmen Luiza Costuleanu
Keyword(s):  
Intellectual Capital ◽  
Energy Intensity ◽  
European Patent ◽  
Patent Office ◽  
The European Union ◽  
Major Area ◽  
Economic Progress ◽  
Number Of Factors ◽  
Capital Growth ◽  
Total Turnover

Bio-economy is a major area of the strategy that must enable the European Union to achieve growth: smart, through the development of knowledge and innovation; and sustainable, based on a greener, more efficient economy in resource management. We believe that the progress of bio-economy cannot be achieved without the harnessing of intellectual capital. Our research aimed to emphasize the benefits of the dynamics of the intellectual capital growth on the evolution of the bio-economy. The aim of this analysis was to study the established link between the Energy Intensity of the Economy (EIE) and a number of factors that can measure the intellectual capital, such as: Market Capitalization of Bitcoin, Patent applications listed by European Patent Office and the Turnover from Innovation as a proportion of the total Turnover. The ultimate goal was represented by the generation of a regression model to see what factor influences mostly the progress of the bio-economy at European and Romanian level.

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

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