scholarly journals Deceptive Conducts before the Patent Office

2019 ◽  
Author(s):  
Eugenio Hoss

In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.


Author(s):  
Sandra Marco Colino

This chapter draws a distinction between public, institutional enforcement of competition law, which may raise issues of public international law, and private actions before national courts. The coexistence of competition law regimes around the world means that companies that trade internationally may find themselves subject to the law of a ‘foreign’ state. While in the US the effects doctrine is relied on to assert jurisdiction, in the EU there has been no explicit adoption of the effects doctrine. Instead, the EU relies upon an ‘implementation’ doctrine. Under principles of comity a state may recognize the interests of another state when applying its competition law. Multilateral initiatives have been taken to try to resolve difficulties, but there is at present no single global agreement on competition law.


2004 ◽  
Vol 187 ◽  
pp. 8-35

The two key factors underlying our forecast this quarter are the continued depreciation of the US$, which is about 4½ per cent weaker in effective terms than in October and 18 per cent below its recent peak in early 2002, and the emergence of what appears to be a sustainable recovery in Japan. Our projections for world growth this year incorporate significant upward revisions for the world's two largest economies, the US and Japan, while the outlook for the EU and Canada remains largely unchanged, although they also gain modest support from stronger demand in the US and Asia.


2017 ◽  
Vol 1 (1) ◽  
pp. 155-160
Author(s):  
Daniela Lukáčová

Merger control is one of the competition law tools. While competition authorities in EU act primarily on the basis of national legislation, European Commission controls mergers with EU dimension. The jurisdictional tests relate only to the economic size of the parties and do not depend on the market shares of the parties or substantive impact of the transaction, or on whether the concentration will have any effects within the state. Globalization increases the number of multijurisdictional mergers that are subject to control of several competition authorities within or outside the EU. Differences in merger control proceedings in such cases with regard to the timeframe, or the result of the proceeding, could have a negative impact on the economy in another country. Parties to the concentration could decide to neglect the merger notification due to the timeframe, or complications connected with approving of multijurisdictional merger in other countries with jurisdiction. Therefore, the national authorities’ effort to set in their legislation turnover criteria with local nexus could help to control concentrations with potential effect on competition in their country.


Author(s):  
Grzegorz Zając

The economic crises of the 21st century have severely damaged the world economy. The first big crisis began in 2008 with the bankruptcy of one of the largest banks in the US, the Lehman Brothers Bank. The next crisis mainly affected Europe and was associated with the disclosure by the Greek government in 2009 of the dire state of public finances and huge monetary embezzlement. This crisis had a negative impact on many European countries belonging to the euro zone, as well as on many other countries outside this area, indirectly reducing investment or limiting international trade. Another crisis is related to the coronavirus pandemic announced at the beginning of 2020. At that time, most countries in the world have made a "lockdown" of the economy for many weeks. Various sectors of the economy were restricted or completely shut down almost overnight, seriously affecting societies


Author(s):  
Al. A. Gromyko

The research is focused on several key problems in the system of international relations influenced by the COVID-19 pandemic. It is shown that the events caused by it and broadly identified as a coronacrisis have a direct impact on the world economic contradictions (pandenomica) and political ones, including the sphere of security. These particular aspects are chosen as the main objects of the research. The author contends that the factor of the pandemic has sharpened the competition between regional and global players and has increased the role of a nation- state. In the conditions of transregional deglobalisation, regionalism and “protectionism 2.0” get stronger under the banners of “strategic vulnerability” and “economic sovereignty”. A further weakening of multilateral international institutions continues. The EU endeavours to secure competitive advantages on the basis of relocalisation, industrial and digital policies and the Green Deal. The article highlights the deterioration in the relations among Russia, the US, the EU and China, the unfolding decoupling between Washington and its European allies, which stimulates the idea of the EU strategic autonomy. An urgent need for the deconfliction in Russia – NATO interaction is stated.


Author(s):  
Sedef Eylemer ◽  
Elif Cemre Besgur

The European Union (EU), United States (US), and China are the main global drivers of the international trade system. However, trade wars between them create tensions in the world. As the world is facing increasing neo-protectionist trade applications of the Trump administration, this chapter analyses whether a greater convergence between China and the EU is possible for protecting multilateralism through two case studies, namely (1) market conditions and discrimination, (2) cybersecurity. In this context, the chapter argues that although the US pressure has led the EU to rapprochement with China, this situation creates a dilemma for the EU in terms of the fears about the problems of alignment with the normative identity of the EU. Whereas the EU aims at regulating the global trade on a normative basis originating from its acquis, China has a more strategic perspective based upon specific relationship context. It is difficult to take a side for the EU due to its different standpoint compared to China in defending the multilateral trading system.


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