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Council Regulation 723/2009 on the Community Legal Framework for European Research Infrastructure Consortium (ERIC) provides for the inclusion ofpolicies, including an intellectual property rights policy, in the statutes o f ERICs. The manner in which research infrastructures with ERIC status have responded to this requirement varies. This article reports findings o f a preliminaiy study' ofthe treatment o f intellectual property rights in ERICs (2011-2018). The tension between the existence o f IPRs and their exercise is a familiar one in competition law; the article suggests that the “fifth freedom " imports this issue into the European Research Area and the balance o f rights forms the backcloth o f considerations o f IPRs and ERICs. [ABSTRACT FROM AUTHOR]

The future European jurisdiction for patent infringement lawsuits based on European patents—initially optionally—and based on the unitary patent will change the nature of the court structure in Europe. The Agreement on a Unified Patent Court (the ‘UPC Agreement’), which will create the new court, had to be harmonized with the Brussels I Regulation which also regulates European jurisdiction for patent infringement lawsuits. Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters had already been significantly amended. The revision of the recast Brussels I Regulation, which took place through Regulation 542/2014 on the amendment of Regulation 1215/2012, took effect on 30 May 2014. From 10 January 2015 onwards the core rules on jurisdiction set out in those Regulations apply to patent disputes. The time has definitely come to consider the future of European patent infringement proceedings. The revised Brussels I Regulation creates a law that is unusual in Europe and in relation to foreign parties, at least in the form of statutory provisions. In relations with Switzerland, the Lugano Convention will have to be adjusted. Equal treatment of the countries party to the Lugano Convention with Member States of the EU is one of the demands made in the present article. This article also seeks to introduce readers to the imminent changes in the law and to point out problems. The lively more recent case law of the CJEU concerning cross-border infringements will not be discussed for reasons of length. However, it must be incorporated into the new scheme of things. [ABSTRACT FROM PUBLISHER]

The paper discusses influences on the Bosnian medieval law development, its role and importance in context of the European ius commune. Adopted Roman law influenced the law of the Duchy of Bosnia, then the Kongdom of Bosnia, primarily through the law of Mediterranean cities, where a legal transaction was the liveliest. The influence of the Hungarian law and the Sasks law was also visible, but the impact of canon law, which was developed and sirens from the Franciscan monastery was not negligible either. Revewing the elements of the Bosnian medieval law, it is evident that the Roman law had the greatest impact on contries of the former European area, where the Bosnia as a whole shared the fate of the legal development of neighboring countries. [ABSTRACT FROM AUTHOR]

This paper focuses on the transplantation of the "utility standard" from the U.S. legal system into the "industrial application" criterion of patentability as seen in EPO and UKIPO case law. The "specific, substantial, and credible" standard (SSCS) of utility lacks explicit statutory basis, is largely driven by a process of mimesis following collaboration between patent offices, and carries the potential to generate collateral damage to a number of neighboring legal standards in European patent law. The SSCS potentially undermines the "technical" requirement in Europe and highlights a growing conflation between industrial applicability and disclosure requirements. Additionally the SSCS may increase research tool patentability in Europe, a development that exposes potential inadequacies in the institutional arrangements of the receiving legal system. Institutional dynamics incrementally entrench the legal transplant, accompanied by little or no discussion on its viability and legitimacy. The significant normative impact of the process of transplantation of the SSCS places the patent office at the center of legal and policy change--an entity that is arguably not fit for this purpose. [ABSTRACT FROM AUTHOR]

The article provides information on the enforcement of European Arrest Warrant (EAW). According to the author, EAW is seen as juridical and procedural instrument of surrender between judicial authorities in a similar way to the measure contained in the Roman Statute. EAW also constitutes the first concrete measure that is adopted on the basis of mutual recognition of judicial decisions. It reveals that is prevised in the explanatory memorandum that EAW will replace the current system of extradition between Member Sates and the Convention. Accordingly, it points out that EAW will presumably continue to have a role in the future of Europe and will foreseeably have a place in any future European Constitution.

The article discusses modification of the by-laws of European Corporations and the process of making structural changes to these corporations. In particular, the concept, content, and limits of corporate by-laws are examined. The article details procedures for specific changes to by-laws, including changes to company name, company purpose, and share capital. Making structural changes to specific aspects of the corporation itself, such as the board of directors, are further discussed.

The article presents a study that examines data of several Dalmatian and Istrian statutes including Cres-Osor, Labin, Plomin, and Rab. It suggests that trial by ordeal in these territories were in different forms until 14th century. These communes also maintained trial by ordeal although other European places has encountered crisis in its application in the 12th century. The author also cites evidence that a certain form of the trial by ordeal is found in the Code of Vinodol.

Analyzes the protection and prosecution of alleged torturers under the Article 1F Refugee Convention in Europe. Problems that may arise if a person, for whom there is a real risk of torture in his home country, is excluded from protection because of one of the exclusion grounds of Article 1F; Implementation of the Statute of the International Criminal Court of 1998 in order to achieve a mandatory obligation of aut dedere aut judicare.

The patenting of embryonic stem cell-related inventions appears to be as controversial as the technology itself. The author outlines the state of play in Europe and the USA as well as other selected territories. While Europe has the broadest statutory exclusions to patenting of inventions which might be regarded as unethical, it appears that a smooth ride for applicants and patent holders is not guaranteed elsewhere. [ABSTRACT FROM AUTHOR]

Presents an analysis of the Trans-Atlantic slave trade in legal, financial and governmental aspects. Legal history of the Trans-Atlantic slave trade; Participation of Europe in the Trans-Saharan slave trade; Role of private contracts, international treaties, licensure and taxation in the Trans-Atlantic slave trade; Examination of international conventions and statutes.

Focuses on the recommendation adopted by the member states of the Council of Europe Committee of Ministers on family reunion for refugees and other person in need of international protection. Overview of the terms of Article 15.b of the Statute of the Council of Europe; Promotion of appropriate measures family reunion by member states hosting refugees and other persons in need of international protection; Family members covered by the international protection; Manner by which member states should deal with application for family reunion from refugees and other person in need of international protection.

Focuses on the recommendation adopted by the member states of the Council of Europe Committee of Ministers on temporary protection of refugees and other persons in need of international protection. Overview of the terms of Article 15.b of the Statute of the Council of Europe; Role of the United Nations High Commissioner for Refugees in decision to initiate temporary protection measures; Social needs that persons benefiting from temporary protection should have access to; Reason behind the cooperation that should take place between host countries and member states and between host countries and countries of origin in the spirit of international solidarity.

Focuses on the recommendation adopted by the Council of Europe Committee of Ministers on the training of officials who first came into contact with asylum-seekers. Overview of the terms of Article 15.b of the Statute of the Council of Europe; Knowledge that should be acquired by such officials from their training to recognise requests for protection and handle of specific situation in connection with asylum-seekers; Action taken by an ad hoc committee on the requirement of the Committee of Ministers to submit detailed proposals under the Recommendation of the Assembly.

Focuses on the recommendation adopted by the Council of Europe Committee of Ministers on the return of rejected asylum-seekers. Overview of the terms of Article 15.b of the Statute of the Council of Europe. Significance of the principle of family unity to the country hosting the person to be returned; Responsibilities of the country of origin of the person to be returned; Context as basis for member States in sharing their experiences concerning their respective national return programmes and their cooperation with countries of origin.

Focuses on the recommendation adopted by the member states of the Council of Europe Committee of Ministers on the application of the Safe Third Country Concept. Overview of the terms stipulated under Article 15.b of the Statute of the Council of Europe; Criteria that should be met in each individual case in order to assess whether a country is a safe third country to which an asylum-seeker can be sent; Tasks of the Committee of Ministers in light of establishing the Specific terms of reference of the Ad Hoc Committee of Experts in the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons.

Most alternative blueprints for European Monetary Union (EMU) differ in their opinions about convergence requirements or the need for binding fiscal rules and controls of individual national governments' debt policies, but there is, if not complete consensus, widespread agreement that the European Central Bank (ECB) should be independent of political control from both European Community (EC) institutions and national governments. The main argument for an independent European central bank is empirical: those countries in which central banks are insulated from the political process and charged with maintaining price stability have experienced the lowest and most stable inflation rates in recent decades. The present paper reviews and critically evaluates this political economy literature which relates inflation performances to the constitutional features of central bank statutes. Based on this assessment the draft statutes of the ECB and the constitutions of the individual European national central banks are discussed in terms of the independence they grant central bank board members from partisan influences. Furthermore, concrete country-specific specific suggestions for enhancing central bank independence during stage two of the gradual transition of EMU, which is to be completed by 1999, are made. It is argued that in some countries laborious constitutional reforms of central bank statutes are overdue and must be implemented in order to make these institutions fit for an anti-inflationary EMU. [ABSTRACT FROM AUTHOR]

Focuses on the statutes affecting the work of University administrators in Europe. Incorporation of the provisions of European Convention on Human Rights and Fundamental Freedoms; Control of copyright in the product of staff and students by institutions; Amendments to employment protection legislation.

Focuses on the need to have a fast-track procedure for dealing with incompatibilities existing between the British statute law and the European Convention on Human Rights. Statute law revision; Amendments of the provisions in the House of Lords; Powers enabling to the British Parliament to make legislation provision; Incorporation of the Convention into British law.

This article attempts to restart discussion of workers' involvement in decision making in large companies in Europe. The intention behind the launch of these present proposals is to secure reactions from members during the next six months, after which firmer proposals, reflecting the response obtained, could be developed. The present proposal is for an optional top up statute which could be adopted by companies in member states at their discretion. Companies adopting the European statute would be offered three options in respect of worker involvement.