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.

Aging and semantic integration in sentence processing: Testing the cognitive workload of wrap-up

The current study investigated the cognitive workload of sentence and clause wrap-up in younger and older readers. A large number of studies have demonstrated the presence of wrap-up effects, peaks in processing time at clause and sentence boundaries that some argue reflect attention to organizational and integrative semantic processes. However, the exact nature of these wrap-up effects is still not entirely clear, with some arguing that wrap-up is not related to processing difficulty, but rather is triggered by a low-level oculomotor response or the implicit monitoring of intonational contour. The notion that wrap-up effects are resource-demanding was directly tested by examining the degree to which sentence and clause wrap-up affects the parafoveal preview benefit. Older and younger adults read passages in which a target word N occurred in a sentence-internal, clause-final, or sentence-final position. A gaze-contingent boundary change paradigm was used in which, on some trials, a non-word preview of word N+1 was replaced by a target word once the eyes crossed an invisible boundary located between words N and N+1. All measures of reading time on word N were longer at clause and sentence boundaries than in the sentence-internal position. In the earliest measures of reading time, sentence and clause wrap-up showed evidence of reducing the magnitude of the preview benefit similarly for younger and older adults. However, this effect was moderated by age in gaze duration, such that older adults showed a complete reduction in the preview benefit in the sentence-final condition. Additionally, sentence and clause wrap-up were negatively associated with the preview benefit. Collectively, the findings from the current study suggest that wrap-up is cognitively demanding and may be less efficient with age, thus, resulting in a reduction of the parafoveal preview during normal reading.

Modeling the Arctic Freshwater System and its integration in the global system: Lessons learned and future challenges

Numerous components of the Arctic freshwater system (atmosphere, ocean, cryosphere, terrestrial hydrology) have experienced large changes over the past few decades, and these changes are projected to amplify further in the future. Observations are particularly sparse, both in time and space, in the Polar Regions. Hence, modeling systems have been widely used and are a powerful tool to gain understanding on the functioning of the Arctic freshwater system and its integration within the global Earth system and climate. Here, we present a review of modeling studies addressing some aspect of the Arctic freshwater system. Through illustrative examples, we point out the value of using a hierarchy of models with increasing complexity and component interactions, in order to dismantle the important processes at play for the variability and changes of the different components of the Arctic freshwater system and the interplay between them. We discuss past and projected changes for the Arctic freshwater system and explore the sources of uncertainty associated with these model results. We further elaborate on some missing processes that should be included in future generations of Earth system models and highlight the importance of better quantification and understanding of natural variability, amongst other factors, for improved predictions of Arctic freshwater system change.

The Road to Bali: ERIA Perspectives on the WTO Ministerial and Asian Integration

The World Trade Organization’s (WTO) forthcoming Ninth Ministerial Conference in Bali comes at a critical juncture for the multilateral trade body, long mired in the Doha Round stalemate. Beyond offering a critical first test at consensus-building and institutional renewal, the Bali Ministerial affords a unique opportunity to gauge contrasting perceptions across ASEAN and East Asian countries of the continued relevance of the WTO to trade and economic governance within the region and beyond. Resulting from the collaborative efforts of the Economic Research Institute for ASEAN and East Asia (ERIA), the Universitas Pelita Harapan (UPH) and the World Trade Institute at the University of Bern (WTI), this policy research initiative offers comparative scholarship on some of the key questions arising from the forthcoming WTO Ministerial gathering from an East Asian perspective. Specifically, it explores what scholars in the region expect the Bali Ministerial to produce by way of tangible outcomes and whether the Ministerial will restore the momentum needed to bring the Doha Round to a successful conclusion. Contributors also investigate how relevant the WTO remains to the multiple processes of deepening economic integration in ASEAN and East Asia (e.g. AEC, TPP, RCEP) and, importantly, what lessons in rule-design and market opening WTO Members could usefully draw from the ongoing march towards the establishment of an ASEAN Economic Community.

Occurrence of Mycobacterium avium subspecies paratuberculosis across host species and European countries with evidence for transmission between wildlife and domestic ruminants

BACKGROUND Mycobacterium avium subspecies paratuberculosis (Map) causes an infectious chronic enteritis (paratuberculosis or Johne's disease) principally of ruminants. The epidemiology of Map is poorly understood, particularly with respect to the role of wildlife reservoirs and the controversial issue of zoonotic potential (Crohn's disease). Genotypic discrimination of Map isolates is pivotal to descriptive epidemiology and resolving these issues. This study was undertaken to determine the genetic diversity of Map, enhance our understanding of the host range and distribution and assess the potential for interspecies transmission. RESULTS 164 Map isolates from seven European countries representing 19 different host species were genotyped by standardized IS900--restriction fragment length polymorphism (IS900-RFLP), pulsed-field gel electrophoresis (PFGE), amplified fragment length polymorphisms (AFLP) and mycobacterial interspersed repeat unit-variable number tandem repeat (MIRU-VNTR) analyses. Six PstI and 17 BstEII IS900-RFLP, 31 multiplex [SnaBI-SpeI] PFGE profiles and 23 MIRU-VNTR profiles were detected. AFLP gave insufficient discrimination of isolates for meaningful genetic analysis. Point estimates for Simpson's index of diversity calculated for the individual typing techniques were in the range of 0.636 to 0.664 but a combination of all three methods increased the discriminating power to 0.879, sufficient for investigating transmission dynamics. Two predominant strain types were detected across Europe with all three typing techniques. Evidence for interspecies transmission between wildlife and domestic ruminants on the same property was demonstrated in four cases, between wildlife species on the same property in two cases and between different species of domestic livestock on one property. CONCLUSION The results of this study showed that it is necessary to use multiple genotyping techniques targeting different sources of genetic variation to obtain the level of discrimination necessary to investigate transmission dynamics and trace the source of Map infections. Furthermore, the combination of genotyping techniques may depend on the geographical location of the population to be tested. Identical genotypes were obtained from Map isolated from different host species co-habiting on the same property strongly suggesting that interspecies transmission occurs. Interspecies transmission of Map between wildlife species and domestic livestock on the same property provides further evidence to support a role for wildlife reservoirs of infection.

Determinants Of Firm Terminal Value: The Perspective Of North American And European Financial Analysts

Company valuation models attempt to estimate the value of a company in two stages: (1) comprising of a period of explicit analysis and (2) based on unlimited production period of cash flows obtained through a mathematical approach of perpetuity, which is the terminal value. In general, these models, whether they belong to the Dividend Discount Model (DDM), the Discount Cash Flow (DCF), or RIM (Residual Income Models) group, discount one attribute (dividends, free cash flow, or results) to a given discount rate. This discount rate, obtained in most cases by the CAPM (Capital asset pricing model) or APT (Arbitrage pricing theory) allows including in the analysis the cost of invested capital based on the risk taking of the attributes. However, one cannot ignore that the second stage of valuation that is usually 53-80% of the company value (Berkman et al., 1998) and is loaded with uncertainties. In this context, particular attention is needed to estimate the value of this portion of the company, under penalty of the assessment producing a high level of error. Mindful of this concern, this study sought to collect the perception of European and North American financial analysts on the key features of the company that they believe contribute most to its value. For this feat, we used a survey with closed answers. From the analysis of 123 valid responses using factor analysis, the authors conclude that there is great importance attached (1) to the life expectancy of the company, (2) to liquidity and operating performance, (3) to innovation and ability to allocate resources to R&D, and (4) to management capacity and capital structure, in determining the value of a company or business in long term. These results contribute to our belief that we can formulate a model for valuating companies and businesses where the results to be obtained in the evaluations are as close as possible to those found in the stock market

Public policies and work integration social enterprises: the challenges of institutionalism in a neoliberal era.

One particular field of Social Enterprise – WISEs or Work Integration Social Enterprises – has become increasingly recognised as being emblematic of the dynamics of social enterprises and now constitutes a major sphere of their activity globally. From their early roots, focusing on providing productive activity for the blind and those with other physical and/or intellectual disabilities, WISEs are pioneers in promoting the integration of excluded persons through a productive activity. In recent decades, WISEs have incrementally evolved as a tool for implementing national and regional labour market policies. The papers in this special edition explore how populations of WISEs in different country contexts have emerged, and in some instances, shifted in their identities over time in relation to changing national or regional public policies. This special issue is part of the ICSEM project, a worldwide research project aiming to identify, analyze and compare social enterprise models across countries, regions and fields. The special issue features five country specific analyses from the first stage of the ICSEM project where researchers focusing on WISEs examined the policy environment surrounding WISEs and the heterogeneity of the organizational WISE models that have emerged in different contexts: Ireland, the United States, Japan, Austria and Switzerland.

The EU landing obligation and European small-scale fisheries: What are the odds for success?

A landing obligation was formally implemented in the European Union (EU) for the first time, as part of the recent reform of the EU Common Fisheries Policy (CFP). Given the reasonable success of the landing obligation in some countries such as the Faroe Islands, Iceland and Norway, this policy is seen as a viable approach to tackle the long-recognized discarding problem in EU waters. However, there has been some debate on whether there is sufficient evidence to support the feasibility of such a measure in the EU-CFP. The EU landing obligation will implicitly include all small-scale fisheries (SSF) provided the species captured are subject to catch limits or minimum sizes (in the case of the Mediterranean). SSF were included irrespective of the fact that the discarding problem in the EU has been historically associated with medium- to large-scale fleets (in particular largely mixed species trawl fisheries). Additionally, past experiences with a discard ban policy are still limited to specific countries and/or specific fisheries. This paper examined the appropriateness and feasibility of the recently implemented EU landing obligation in SSF. The effects in the long-term are unpredictable, but available evidence suggests that in the short to medium-term a landing obligation is likely to bring more negative social, economic and ecological impacts than benefits. (C) 2015 Elsevier Ltd. All rights reserved.

Development of methodologies supporting the sustainable and safe integration of offshore conventional and renewable energy production

Against a backdrop of rapidly increasing worldwide population and growing energy demand, the development of renewable energy technologies has become of primary importance in the effort to reduce greenhouse gas emissions. However, it is often technically and economically infeasible to transport discontinuous renewable electricity for long distances to the shore. Another shortcoming of non-programmable renewable power is its integration into the onshore grid without affecting the dispatching process. On the other hand, the offshore oil & gas industry is striving to reduce overall carbon footprint from onsite power generators and limiting large expenses associated to carrying electricity from remote offshore facilities. Furthermore, the increased complexity and expansion towards challenging areas of offshore hydrocarbons operations call for higher attention to safety and environmental protection issues from major accident hazards. Innovative hybrid energy systems, as Power-to-Gas (P2G), Power-to-Liquid (P2L) and Gas-to-Power (G2P) options, implemented at offshore locations, would offer the opportunity to overcome challenges of both renewable and oil & gas sectors. This study aims at the development of systematic methodologies based on proper sustainability and safety performance indicators supporting the choice of P2G, P2L and G2P hybrid energy options for offshore green projects in early design phases. An in-depth analysis of the different offshore hybrid strategies was performed. The literature reviews on existing methods proposing metrics to assess sustainability of hybrid energy systems, inherent safety of process routes in conceptual design stage and environmental protection of installations from oil and chemical accidental spills were carried out. To fill the gaps, a suite of specific decision-making methodologies was developed, based on representative multi-criteria indicators addressing technical, economic, environmental and societal aspects of alternative options. A set of five case-studies was defined, covering different offshore scenarios of concern, to provide an assessment of the effectiveness and value of the developed tools.

Kansainvälinen yksityisoikeus ja Euroopan integraatio

English summary: Private international law and European integration (s. 505)

Tutkimusnäkökulmia korkeakoulujen muutokseen Euroopassa

Kirjallisuusarvostelu

Estado del arte acerca de las discusiones teóricas sobre soberanía del estado y la unión monetaria europea entre 2002 - 2010. Caso: El Reino Unido

El siguiente trabajo tiene como objetivo el Estado del arte acerca de la discusión teórica de la repercusión de la unión monetaria en el principio de soberanía nacional, específicamente el caso de Gran Bretaña, ya que éste es el único país que expresa abiertamente su incertidumbre referente a algún tipo de amenaza a su soberanía. Se pretende precisar si existen criterios concluyentes, o por el contrario determinar si no hay claridad con respecto al futuro de Gran Bretaña como miembro de la unión monetaria.A partir de lo anterior, se plantean como sus propósitos particulares construir un marco conceptual acerca de la soberanía. Este estado del arte se inicia con citas de los principales autores de finales de siglo XVII y XVIII y finaliza con las posiciones conceptuales aportadas por los teóricos modernos motivados por el nacimiento de la Unión Europea como un nuevo orden político. Entre las que se citan: modelo centrico o intergubernamentalista, modelo de gobernabilidad multi-nivel, modelo neo-funcionalista y modelo federalista. Igualmente, el trabajo, busca desarrollar un marco conceptual sobre Unión Monetaria y su evolución hasta el logro de una unión fiscal europea en el periodo de 1950-2010, establecer las relaciones teóricas entre Soberanía del Estado y Unión Monetaria y por último realizar un análisis histórico hermenéutico de la Unión Europea y el caso del Reino Unido de acuerdo a las relaciones evidenciadas en los apartados teóricos entre soberanía del Estado y Unión Monetaria.

Perspectivas del debate en torno al concepto de europeidad al interior de la Unión Europea a la luz de los criterios de adhesión de Copenhague

Cuando se habla de los límites y fronteras de Europa, actualmente no están definidos en su totalidad, resultando problemático en la subregión del este, donde se encuentran Estados como Ucrania, Bielorrusia, Turquía y otros más. La delgada línea que divide a Europa de Asia aún es confusa, por lo cual delimitar el concepto de europeidad implica contemplar más variables que lo geográfico y cultural. De esta manera, la incertidumbre que existe está relacionada con los atributos que tiene la europeidad, y como los ciudadanos se identifican con ella. La europeidad antes que un conjunto de valores atribuible a los ciudadanos o una herencia cultural común, es un concepto difuso, efímero y esquivo para algunos autores. La trascendencia de este concepto se hace manifiesta en el artículo 49 del Tratado de la Unión Europea donde se estipulan las condiciones para ser miembro de la Unión Europea (UE). Aunque ser miembro de la UE no es lo mismo que ser europeo hasta este momento es la forma más aceptable para denominar a un Estado como europeo.

Kritisk diskursanalys av Gy2011 med fokus på kulturkontexten : Politiska diskursers relation till svensk läroplansutveckling

This research aims to relate the modern Swedish curriculum development to the political discourses liberalization and European integration through a critical discourse analysis of the Swedish curriculum Gy2011. These political discourses constitute the cultural context of Gy2011, which according to critical discourse theory is synonymous with the terms social sphere or praxis. The term cultural context includes the environment in which the text has been created as well as its intertextuality – in this case its relations to earlier curricula. The analysis of Gy2011 exhumes scientific research done in the field of curriculum studies, which enables future research. The Gy2011 analysis shows that the political discourses liberalization and European integration stands out within the texts cultural context, and have done so for more than 70 years, a fact that is illustrated by an overview of Swedish curricula history. This research also illuminates how the liberalization discourse accelerated during the 1980’s, by both social democrats and the political right, and that the European integration process has gained momentum in recent years.