‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis

This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective.

CAD Files and European Design Law

Three-dimensional printing (“3DP”) is an additive manufacturing technology that starts with a virtual 3D model of the object to be printed, the so-called Computer-Aided-Design (“CAD”) file. This file, when sent to the printer, gives instructions to the device on how to build the object layer-by-layer. This paper explores whether design protection is available under the current European regulatory framework for designs that are computer-created by means of CAD software, and, if so, under what circumstances. The key point is whether the appearance of a product, embedded in a CAD file, could be regarded as a protectable element under existing legislation. To this end, it begins with an inquiry into the concepts of “design” and “product”, set forth in Article 3 of the Community Design Regulation No. 6/2002 (“CDR”). Then, it considers the EUIPO’s practice of accepting 3D digital representations of designs. The enquiry goes on to illustrate the implications that the making of a CAD file available online might have. It suggests that the act of uploading a CAD file onto a 3D printing platform may be tantamount to a disclosure for the purposes of triggering unregistered design protection, and for appraising the state of the prior art. It also argues that, when measuring the individual character requirement, the notion of “informed user” and “the designer’s degree of freedom” may need to be reconsidered in the future. The following part touches on the exceptions to design protection, with a special focus on the repairs clause set forth in Article 110 CDR. The concluding part explores different measures that may be implemented to prohibit the unauthorised creation and sharing of CAD files embedding design-protected products.

OPA1-related disorders: Diversity of clinical expression, modes of inheritance and pathophysiology

International audience

Effects of Multiple Ecological Drivers on Recruitment and Succession of Coral Reef Macroalgal Communities

The study evaluated the effects of herbivory pressure, nutrient availability and potential propagule supply on recruitment and succession of coral reef macroalgal communities. Recruitment and succession tiles were placed in a nutrient-herbivory factorial experiment and macroalgal abundances were evaluated through time. Proportional abundances of macroalgal form-functional groups on recruitment and succession tiles were similar to field established communities within treatments, evidencing possible effects of adult macroalgae as propagule supply. Macroalgal abundance of recruitment tiles increased with nutrient loading and herbivory reduction combined whereas on succession tiles nutrient loading increased abundance of articulated-calcareous only when herbivores were excluded. Macroalgal field established communities were only affected by herbivory reduction.

TAKING ORGANIZATIONS SERIOUSLY: RESPONSIBLE AGENCY, ORGANIZATIONS AND THE CRIMINAL LAW

In the post-Enlightenment period, Anglo-American criminal law has been applied with increased force, and an ever expanding scope, to collective actors like corporations and other organizations. Recent scholarship has focused on developing “truly organizational” bases of liability that break with the conventional approach of imputing individual conduct to an organization and instead analyze culpable conduct and intent in a way that reflects the distinct and independent capacity of organizations to pursue their interests or goals collaboratively. In 2004, Canada enacted amendments inspired by these ideas in the hope they would lead to more effective criminal enforcement against organizations. Twelve years later, however, the promise of Bill C-45 is largely unfulfilled. In this thesis, I explore how much of this failure of law reform to deliver transformational change is attributable to an individualist bias that permeates how we think about what it means to be responsible and how this then shapes the responsibility ascription process. Using an analytical framework that combines criminal law theory with selected aspects of rational-structural theory and organization culture, I suggest that a promising way forward may lie in reframing the essential qualities required to be a subject of the criminal law in a way that captures the unique attributes that make organizations different from individuals. The resulting organizational concept of responsible agency allows for an integration of organizational reality into how we assess organizational culpability while keeping the ambit of criminal liability within the limits of what is practicable and fair. This better aligns with the spirit of Bill C-45: to impose criminal liability in a way that takes organizations – and their crimes – seriously.

Els Últims propietaris rurals gironins [Ressenya del llibre Els últims hereus. Història oral dels propietaris rurals gironins, 1930-2000, d'Enric Saguer (coord.)]

L'Associació d'Història Rural de les Comarques Gironines ens ofereix una monografia elaborada per un gran nombre de participants i col•laboradors que utilitzen, amb rigor, un mètode d'investigació encara poc utilitzat. El volum d'investigadors converteix aquest treball en una obra singular i interessant per a la recerca històrica

Produtores familiares e estratégias ligadas à terra

A manutenção e/ou a ampliação da terra compõem o eixo central em torno do qual os produtores familiares organizam sua vida e seu trabalho. Este artigo analisa as estratégias desses produtores em relação à divisão de herança e à sucessão, e as formas que utilizam para aquisição de novas áreas. O levantamento das características das famílias e da propriedade foi realizado por meio de um questionário aplicado junto a 89 produtores familiares de três municípios da mesorregião de São José do Rio Preto (SP). Posteriormente foi entrevistado um terço dos produtores de cada município que havia respondido ao questionário. A análise das estratégias fundiárias mostrou uma grande diversidade na forma de partilhar a herança e de conduzir a sucessão, sendo que ambos os processos são apoiados, basicamente, em regras tradicionais, embora mantenham uma fachada de adequação às normas legais. Quanto às estratégias de aquisição de mais terras, observou-se que os produtores são capazes de organizar complexas formas de capitalização, centradas em maiores esforços no trabalho e na contenção de gastos, além da utilização de políticas públicas favoráveis e de práticas costumeiras. Os arranjos intra-familiares e as formas de cooperação ligadas ao parentesco mais amplo também se mostraram importantes para a ampliação da propriedade.

Poems copied by James Diman, ca. 1730-1733

Small pamphlet-sized notebook containing handwritten transcriptions of three poems copied by James Diman, likely in the early 1730s. The notebook contains "The Catholic Remedy. to ye Tune of To all you Ladies, not at land &c.," "Father Ab--y's Will. Col. Sweeper Camb: Dec. 1731," and "The Poet's Lamentation for ye Loss of his cat, w'ch he used to call his Muse" copied from the London Magazine, November 1733. The "Catholic Remedy" begins "You Peope who desire to mend / your Desperate Estate..." and includes the note, "Made upon A--D--'s goving over to take orders. The note refers to the voyage of Addington Davenport (Harvard AB 1719) to England join the priesthood of the Church of England in 1730. "Father Ab--y's Will" begins "To my dear Wife, / My joy and Life..." and was a humorous poem published in 1731 after the death of Harvard College Sweeper Matthew Abdy, and attributed to Jonathan Seccombe (Harvard AB 1728). The "Poet's Lamentation" begins "Oppress'd with Grief, in heavy strains I mourn..." and was written by Joseph Green (Harvard AB 1726) as a parody of a psalm composed by Mather Byles (Harvard AB 1725). Pages 10-12, holding part of "Father Ab--y's Will" are missing, and pages 13-15 are no longer attached to the item.

Account book of the executors of the Henry Flynt estate, 1760-1767

The volume contains acknowledgements of the disbursements of Harvard Tutor Henry Flynt's estate written in the hands of the respective beneficiaries. The entries begin on February 27, 1760 following Flynt's death on February 13, 1760, and continue through May 9, 1767. Each receipt includes the date, name of the executors, description of the property, beneficiary's name, and signature. The beneficiaries include the wife of Sol. Davy, Dorothy Jackson, Edmund Quincy, J. Henry Quincy, Esther and Stephen Richard (received by attorney Nicholas Boylston), Dorothy Skinner (also received for her by her husband Richard Skinner), John Wendell, Edmund Wendell, Katherine Wendell, and Oliver Wendell, as well as Harvard College (received by Harvard Treasurer Thomas Hubbard), and the Deacons of the First Church of Cambridge. The volume also includes a loose document titled "Account from Messrs Edmund & Josiah Quincy Settled & Ballanced March 31, 1749."

Inqvisitionvm ad capellam domini regis retornatarvm, qvae in pvblicis archivis Scotiae adhvc servantvr, abbreviatio [1546-1700].

University at Buffalo copy lacks v. 1-2, 4.

Beyond the dreams of avarice /

Publisher's advertisements: [1] p. on half t.p. verso.

Mr. Bidwell's speech on the Intestate Estate Bill in the provincial assembly of Upper Canada, January 24, 1831.

Text in two columns.

Our mutual friend /

Mode of access: Internet.

Die Vererbung des ländlichen Grundbesitzes im Königreich Preussen ...

Bibliographical footnotes.