Swiss Patent Jurisprudence 2012

The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since 1 January 2012. This article reviews and contextualizes the most important patent cases the Swiss Federal Patent Court and the Swiss Federal Supreme Court. It concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.

What’s the Problem? Precarious Youth: Marginalisation, Criminalisation and Racialisation.

Since the nineteenth century invention of adolescence, young people have been consistently identified as social problems in western societies. Their contemporary status as a focus of fear and anxiety is, in that sense, nothing new. In this paper, I try to combine this sense of historical recurrence about the youth problem with some questions about what is different about the present – asking what is distinctive about the shape of the youth problem now? This is a difficult balance to strike, and what I have to say will probably lean more towards an emphasis on the historical conditions and routes of the youth problem. That balance reflects my own orientations and knowledge (I am not expert on the contemporary conditions of being young). But it also arises from my belief that much contemporary social science is profoundly forgetful. An enthusiasm for stressing the newness, or novelty, of the present connects many varieties of contemporary scholarship. One result is the construction of what Janet Fink and I have referred to as ‘sociological time’ in which

Experimentelle Analyse von Last- und Treibketten zur Optimierung der Lebensdauer

Zusammen mit einem namhaften Kettenhersteller hat das Institut für Fördertechnik und Logistik (IFT) im Rahmen eines AIF-geförderten Forschungsprojektes einen Kettenverschleißprüfstand für Last- und Treibketten entwickelt und gebaut, um neuentwickelte Ketten in kurzen Testphasen unter normierter Umgebung auf ihre Lebensdauer bzw. Verschleißfestigkeit zu prüfen. Durch steigende Rohstoffkosten und den immer größer werdenden Konkurrenzdruck im Bereich der Ketten entsteht ein hoher Bedarf an der Entwicklung neuer leistungsfähigerer Produkte. Die Neuheit dieser Projektidee liegt in dem erstmaligen Einsatz alternativer Werkstoffe und Konstruktionen in Kombination mit neuen verschleißarmen Beschichtungsverfahren für Kettenbauteile um Schmierstoffe langfristig einzulagern und bedarfsgerecht abzugeben

Not for Designers: On the Inadequacies of EU Design Law and How to Fix It

Design rights represent an interesting example of how the EU legislature has successfully regulated an otherwise heterogeneous field of law. Yet this type of protection is not for all. The tools created by EU intervention have been drafted paying much more attention to the industry sector rather than to designers themselves. In particular, modern, digitally based, individual or small-sized, 3D printing, open designers and their needs are largely neglected by such legislation. There is obviously nothing wrong in drafting legal tools around the needs of an industrial sector with an important role in the EU economy, on the contrary, this is a legitimate and good decision of industrial policy. However, good legislation should be fair, balanced, and (technologically) neutral in order to offer suitable solutions to all the players in the market, and all the citizens in the society, without discriminating the smallest or the newest: the cost would be to stifle innovation. The use of printing machinery to manufacture physical objects created digitally thanks to computer programs such as Computer-Aided Design (CAD) software has been in place for quite a few years, and it is actually the standard in many industrial fields, from aeronautics to home furniture. The change in recent years that has the potential to be a paradigm-shifting factor is a combination between the opularization of such technologies (price, size, usability, quality) and the diffusion of a culture based on access to and reuse of knowledge. We will call this blend Open Design. It is probably still too early, however, to say whether 3D printing will be used in the future to refer to a major event in human history, or instead will be relegated to a lonely Wikipedia entry similarly to ³Betamax² (copyright scholars are familiar with it for other reasons). It is not too early, however, to develop a legal analysis that will hopefully contribute to clarifying the major issues found in current EU design law structure, why many modern open designers will probably find better protection in copyright, and whether they can successfully rely on open licenses to achieve their goals. With regard to the latter point, we will use Creative Commons (CC) licenses to test our hypothesis due to their unique characteristic to be modular, i.e. to have different license elements (clauses) that licensors can choose in order to adapt the license to their own needs.”