Patent Law Of The European Union
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Patent Law Of The European Union
European Union patent law is a subset of European patent law. It also serves as the superset of the patent laws of the individual member states of the European Union (EU). The most recent (proposed) addition to the range of measures currently in place is the Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights. The most recent directive relating specifically to patents is Directive on the patentability of biotechnological inventions. Patents are probably the least harmonised area of intellectual property laws of the European Union insofar as harmonisation through EU Directives and Regulations is concerned. However, patentability criteria have been substantially harmonized by the European Patent Convention. "The most noticeable characteristic of the present state of the patent law in the EU is its dualism, i.e. the coexistence of two different ways for obtaining patents with the same effects, namely limited to the territory of the Member ...
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European Patent Law
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies. Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralised patent prosecution process at the European Patent Office (EPO). The EPO is a public international organisation established by the European Patent Convention (EPC). The EPO is neither a European Union nor a Council of Europe institution. A patent granted by the EPO does not lead to a single European patent enforceable before one single court, but rather to a bundle of essentially independent national European patents enforceable before national courts according to different national legislations and procedures. Similarly, Eurasian patents are granted by the Eurasi ...
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Supplementary Protection Certificate
In the European Economic Area (European Union member countries, Iceland, Liechtenstein and Norway), a supplementary protection certificate (SPC) is a '' sui generis'' intellectual property (IP) right that extends the duration of certain rights associated with a patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated, biologically active agents, namely human or veterinary medicaments and plant protection products (e.g. insecticides, and herbicides). Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products (i.e. authorisation to put these products on the market). A supplementary protection certificate comes into force only after the corresponding general patent expires. It normally has a maximum lifetime of 5 years. The duration of the SPC can, however, be extended to 5.5 years when the SPC relat ...
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Directorate-General
Within the European Union, Directorates-General are departments with specific zones of responsibility, the equivalent of ministries at a national level. Most are headed by a European Commissioner, responsible for the general direction of the Directorate-General, and in charge of (i.e. politically responsible for) the corresponding policy area; and a Director-General, responsible for the management of day-to-day affairs, who reports to the European Commissioner. * The Secretariat of the European Parliament: Parliament Directorates-General. * The General Secretariat of the Council of the European Union: Council Directorates-general. The European Patent Office (part of the European Patent Organisation, separate from the EU) also has Directorates-General, which are administrative groupings of departments. Directorates-General of the European Commission The Directorates-General of the European Commission are divided into four groups: Policy DGs, External relations DGs, General Ser ...
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European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body of about 32,000 European civil servants. The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner. There is one member per member state, but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen) is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament. The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President, and the 27 members as a team are then ...
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Joseph Straus
Joseph Straus (born 1938 in Trieste, Italy)Joseph Straus, Max Planck Institute for Intellectual Property, Competition and Tax Law web site is professor of intellectual property law, former director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Germany, and Chairman of the Managing Board of the Munich Intellectual Property Law Center (MIPLC). According to the Intellectual Asset Management magazine, he is "one of the world's most influential patent scholars."IP Hall of Fame 2007', Intellectual Asset Management magazine web site, Consulted on March 11, 2008. (detailhere anhere He is member and dean of the Class "Social Sciences, Law and Economics" of the European Academy of Sciences and Arts. References and notes External links Joseph Strausat the Max Planck Institute for Intellectual Property, Competition and Tax Law Joseph Straus
at the Munich Intellectual Property Law Center (MIPLC) 1938 births Living people Writers from Trieste Com ...
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International Review Of Intellectual Property And Competition Law
The ''International Review of Intellectual Property and Competition Law'' is a peer-reviewed academic journal published by Springer Science+Business Media on behalf of the Max Planck Institute for Innovation and Competition. It was established in 1970 and covers worldwide developments in intellectual property and competition law. In addition, the journal also covers decisions and leading cases from jurisdictions around the world, as well as editorials, opinions, reports, case notes, and book reviews. The editors-in-chief are Reto M. Hilty and Josef Drexl (Max Planck Institute for Innovation and Competition). Abstracting and indexing The journal is abstracted and indexed in: *Emerging Sources Citation Index *International Bibliography of Periodical Literature *Scopus See also *List of intellectual property law journals This list includes notable journals and magazines concerned with intellectual property (IP) law and business, and their various sub-fields, such as copyright, pate ...
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Paul Braendli
Paul Braendli ( fl. 1980s-1990s) is a Swiss intellectual property administrator. He was the second president of the European Patent Office The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisation
(EPO), serving from 1 May 1985 to 31 December 1995. (See "1985".)


References

Living people 20th-century Swiss lawyers Year of birth missing (living people)
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Consolidated Version Of The Treaty On The Functioning Of The European Union/Title VII: Common Rules On Competition, Taxation And Approximation Of Laws
Consolidated may refer to: *Consolidated (band) **''¡Consolidated!'', a 1989 extended play *Consolidated Aircraft (later Convair), an aircraft manufacturer *Consolidated city-county *Consolidated Communications * Consolidated school district *Consolidated Foods See also * *Consolidation (other) Consolidation may refer to: In science and technology * Consolidation (computing), the act of linkage editing in computing * Memory consolidation, the process in the brain by which recent memories are crystallised into long-term memory * Pulmonar ...
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Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, French Fourth Republic, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the Treaties of the European Union, two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the ...
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IPR-Helpdesk
The IP Helpdesk is a project funded by the European Commission (EC) and a source and guide to patent information. The project was launched in 1998 (at the same time as Espacenet) to be a central reference point for intellectual property inquiries and advice throughout the European Union. The IPR-Helpdesk is a project implemented by "a European network consisting of several research institutes, law firms and consultancies." It notably offers a free-of-charge enquiry service, or "Helpline service", for addressing intellectual property issues, that is "targeted at researchers and European small and medium-sized enterprises (SMEs) participating in EU-funded collaborative research projects." According to a 2005 OECD report, the IPR-Helpdesk "offers an example of what governments can do to help compensate for a lack of technology transfer competence among ublic research organisations (PROs) and "has, since 1998, played a key role in building a culture of innovation in EU countries". The ...
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Directive On The Patentability Of Computer-implemented Inventions
The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions (Commission proposal COM(2002) 92), procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aiming to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria. The European Patent Office describes a computer-implemented invention (CII) as "one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program". The proposal became a major focus for conflict between those who regarded the proposed directive as a way to codify the case law of the Boards of Appeal of the European Patent Office (unrelated to the EU institutions) in the sphere of computing, and those who asserted that the directive is an extension of the pate ...
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Directive On The Enforcement Of Intellectual Property Rights
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (also known as "(IPR) Enforcement Directive" or "IPRED") is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones. Under Article 3(1), Member States can be censured in the European Court of Justice if their civil procedures on the infringement of intellectual property rights are "unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays". Otherwise the Directive harmonises the rules on standing, evidence, interlocutory measures, seizure and injunctions, damages and costs and judicial publication. Subject-matter and scope The Directive requires all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfei ...
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