Grant Procedure Research Articles

ISSUES ON BUILDING KAZAKHSTAN GEOSPATIAL PORTAL TO IMPLEMENT E-GOVERNMENT

A main issue in developing e-government is about how to integrate and organize many complicated processes and different stakeholders. Interestingly geospatial information provides an efficient framework to integrate and organized them. In particular, it is very useful to integrate the process of land management in e-government with geospatial information framework, since most of land management tasks are related with geospatial properties. In this paper, we present a use-case on the e-government project in Kazakhstan for land management. We develop a geoportal to connect many tasks and different users via geospatial information framework. This geoportal is based on open source geospatial software including GeoServer, PostGIS, and OpenLayers. With this geoportal, we expect three achievements as follows. First we establish a transparent governmental process, which is one of main goal of e-government. Every stakeholder monitors what is happening in land management process. Second, we can significantly reduce the time and efforts in the government process. For example, a grant procedure for a building construction has taken more than one year with more than 50 steps. It is expected that this procedure would be reduced to 2 weeks by the geoportal framework. Third we provide a collaborative environment between different governmental structures via the geoportal, while many conflicts and mismatches have been a critical issue of governmental administration processes.

La procédure dans les droits de propriété intellectuelle

Les fonctions de la procédure sont plus étendues en matière de propriété industrielle qu’en matière de propriété littéraire et artistique, en raison de l’existence d’un enregistrement effectué auprès d’un organisme étatique. Les droits de propriété industrielle connaissent ainsi deux formes de procédures : procédures relatives à la délivrance et procédures post-délivrance. Il devient impropre de qualifier les premières d’« administratives » : beaucoup d’entre elles se rapprochent des procédures judiciaires classiques et n’en diffèrent que par la connaissance que les organes de recours internes aux offices en ont. Les secondes font essentiellement appel à la procédure judiciaire de droit commun et n’en diffèrent que pour les besoins d’efficacité de la lutte contre la contrefaçon.

ПРАВОВИЙ ЗАХИСТ ГРОМАДЯН ТРЕТІХ КРАЇН У ЄВРОПЕЙСЬКОМУ СОЮЗІ

The article is devoted to the legal analysis of the EU common policy in order to provide protection to third country nationals. To control the issues caused by a significant increase of the number of asylum seekers and refugees into the territory of the EU Member States the European Union is developing a common policy on asylum and protection of third-country nationals crossing the external borders of the EU Member States. The EU common policy in this area is the European Union coordination policy to establish common rules for asylum for third-country nationals; establish common rules to provide the additional security for third-country nationals who without obtaining the European asylum in whole, however, need the international protection; to create a common system of temporary protection for displaced persons in regard of their substantial influx; to determine common procedures for granting and withdrawing of a single asylum status or additional protection. Special attention is paid to the analysis of the asylum procedure of third-country nationals. As well as issues related to the protection of external borders, visa and immigration policies TFEU predicts a joint adoption by the European Parliament and the Council decision under the ordinary legislative procedure, id est voting for proposal of the EU Commission. Simultaneously, under the TFEU, if within one or more EU Member States there is an emergency situation characterized by a sudden influx of third-country nationals, the EU Council for the EU Commission proposal and acting after the consultations with the European Parliament may adopt temporary measures in favor of the interesting Member States. Nowadays the European Union is in dynamic and permanent development process of a common policy to provide protection to third-country nationals. This policy is implemented through the use of the EU method of coordination in matters relating to the establishment of the common status of asylum for third-country nationals; determining the status of a common additional protection for third-country nationals; the introduction of a common system of temporary protection for displaced persons; establishing of common procedures for granting and withdrawing of a common asylum status or additional protection.

UNLOCKING MINERAL-TENURE SECURITY: THE APPLICATION PROCEDURES UNDER THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002

It is essential that a country’s regulatory regime provides mineral-tenure security to investors to attract investment to its mining industry. This article argues that security of tenure in the mining industry requires evaluation in two phases, namely the holding phase and the application phase. This article focuses only on the application phase that concerns procedures for application and granting of rights to minerals. Four markers are identified in order to evaluate whether the application and granting procedures in the Mineral and Petroleum Resources Development Act, 28 of 2002 provide security of tenure to applicants for and holders of rights to minerals. The article provides a detailed analysis of two of these markers, namely exclusivity and the first-come, first-served principles.

Przemiany regulacji prawnej urlopów wypoczynkowych w Kodeksie pracy

Rest leave regulations have significantly changed during the 40 years of the Labour code validity. The necessity of adapting the law to the free – market economy requirements and European Union law standards have been the foundation of those changes. The aim of the article is to present the general characteristics of the new legal provisions concerning acquiring the right to rest leave and its length as well as the principles and the procedure for granting and using rest leave.

Analysis of New Legal Provisions for Granting of “De Minimis Aid”

The European legislator pays special attention to the state aid, appreciated as a form of state intervention in the economy, because of the risk of immediate discrimination or competition distortion. Taking into consideration all these aspects, it was established that the state aid prohibition rule affects trade between Member States. However, the rule is not an absolute prohibition and state aid can be granted to prohibited categories, strictly within a law frame, involving a special procedure for granting them the aid and also to monitor them, in order not to distort competition. But granting a lower amount of the state aid is without question a measure necessary in any economy, lawfully, without affecting competition within the European single market. “Minimis aid” does not follow the usual procedure for granting the aid, it has a specific granting procedure, on which we will focus in the current study.The new provisions for granting the “minimis aid” come in support of the European and national authorities by simplifying competition rules, while having the practical role to facilitate the administrative work of these authorities.This study aims to introduce and analyze the new measures, reporting also to the existing jurisprudence on the matter, aims to highlight the positive contribution made by the legislative changes, and the controversial issues that may be subject to future changes.

Courts have no general power of review over EPO grant procedure decisions

Courts have no general power of review over EPO grant procedure decisions

Relevance of Pre Grant Opposition in Indian Law

The opposition procedure in patent law is an important part of the system that enables parties to challenge the grant of a patent. As of now, patent applications are opposed prior to and subsequent to grant and procedure for the same is known as pre grant opposition and post grant opposition respectively. Member Countries of TRIPS, sooner or later, have adopted post grant unified system of opposition procedure as pre grant opposition leads to undue delay in grant of patent and has hit the main rationale behind incentive based patent system. The procedure during post grant procedure in various countries has been discussed at length to analyse similarities and differences. The paper underlines the position of Indian Pharmaceutical Industry in world market and economic growth rate maintained thereof. Time has come that India needs to adopt between the two, to ensure steady prosecution process and encourage research and development.

Asylum Policy in Europe – Competences of the European Union and Inefficiency of the Dublin System

This article demonstrates how the transfer of competences in the asylum policy, from the Member States onto the European Union, although guided by the objective of improving and harmonizing the scattered standards, has not resulted in a satisfactory level of refugee protection. The claim is to the contrary, that it has resulted in uneven sharing of responsibilities for the asylum seekers between the Member States and overall deterioration of the fundamental rights guarantees in the EU asylum granting procedures. The article analyses the Dublin II Regulation (establishing the criteria and mechanisms for determining the Member State responsible for examining the asylum applications) that has , by failing to provide an effective mechanism for responsibility allocation, made the entire asylum system in the European Union dysfunctional and of questionable conformity with the Geneva Convention 1951 and other international standards of protection. The final part of the article will examine the new Commission's proposal for the amendments and the improvements of the current Regulation and demonstrate how did the Union once again miss the chance to create a more efficient and more balanced responsibility sharing system which would consequently provide better protection to asylum seekers and thus better fulfill the objective of the Geneva Convention.

Procedure for Legal Deposit Granting of Electronic Publications

On the problems of electronic legal deposit and its granting efficiency control. Regulations of work with defaulters for nondelivery, untimely and incomplete delivery of legal deposit copies are highlighted in the paper.

‘Raising the Bar‘ of Patentability

The EPO has faced the public perception that the barrier to patenting is too low and that patent quality has deteriorated. With this in mind, the EPO has initiated a process of strategic renewal called 'raising the bar' with a view to improving the quality of patents and streamlining the grant procedure. This article discusses the changes to the European Patent Convention rules and how these changes aim to improve the quality of granted European patents.

Patent prosecution at the European Patent Office: what is new for life sciences applicants?

During the last couple of years, the European Patent Office (EPO) has gradually implemented the so-called ‘Raising the Bar’ initiative, which is aimed at improving the quality of European patents and, in combination with speeding up the procedure for grant, reducing uncertainty for third parties. As a part of this initiative, a series of changes to the implementing regulations of the European Patent Convention (EPC) were introduced last year. Applicants now need to be sure of their position with regard to supportive experimental data and a thorough argumentation at an earlier stage in the prosecution of a patent application. When evaluating the criteria of inventive step (Art 56 EPC) and sufficiency of disclosure (Art 83 EPC), the EPO frequently refers to two decisions issued by the Boards of Appeal. These decisions are also used to determine whether it is appropriate to further support a disclosed technical effect or a scope of protection with experimental data produced after the date of filing of the patent application. In view of recent case law, it is evident that applicants cannot rely on post-filed experimental data as the only evidence for a technical effect or a certain scope of protection claimed in the application.

Sources and characteristics of software patents in the European Union: Some empirical considerations

Software patenting is an increasingly important phenomenon in the European Union. Using a novel database of more than 30,000 software patents granted to both European and Non-European companies, we investigate the relevant factors explaining firm-level software patenting at the European Patent Office. We find that software patents are mainly applied for by American and Japanese firms, that they are characterised by a higher than average length of the granting procedure and that firms belonging to the software sector generally do not apply for them. Finally, results from non-linear panel data estimation reveal that patents are not deemed as useful appropriability instruments by software firms and that a “threat effect” by hardware firms is growing in importance. This last result is in line with recent developments in the literature relative to strategic patenting.

An overview of the judicial protection of patents in China

The present paper introduces how the patent protection system is organized in China and the competence of various administrative and judicial instances is reviewed with case studies as illustrative examples. The article describes the patent grant (or refusal) procedure and the means available to an applicant to have a decision reviewed, as well as the prosecution of invalidity actions. Finally, the authors examine responses to patent counterfeiting through administrative proceedings along with their practical implications. This might possibly involve agreement between the parties, and judicial actions, including both civil and criminal proceedings.

Sources and Characteristics of Software Patents in the European Union: Some Empirical Considerations

Software patenting in the United States has been a relevant and well regulated phenomenon since the 1980s. On the contrary, the European Union lagged behind for a long time. This work gives an account of the above mentioned topic. The fact that European Patent Convention expressively prohibits software patenting has not been a major problem for firms and inventors who have patented it as well. First of all, a reliable database of software patents is presented. These patents are accorded by the European Patent Office (EPO) and, to our knowledge, more than 30,000 software patents have been accorded so far to both European and Non-European companies.Second, we investigate the relevant factors explaining firm-level software patenting at the EPO. To this respect, a large part of them has been found to belong to American and Japanese firms.Then, the Knowledge Production Function (KPF) approach is put into practice in order to unravel factors affecting the output of the innovation process at the firm level. Results show that software patents are characterised by an higher average length of the granting procedure and by the fact that firms belonging to the software sector do not apply for patent protection. Finally, results from non linear panel data estimation reveal that patents are not deemed as useful appropriability instruments by software firms and that a 'threat effect' by hardware firms is growing in importance.

Dollar Debt in Developing Countries: Too Much of a Good Thing?

In the early 2000s, many developing countries in Eastern Europe, Latin America and Asia presented substantial corporate dollar debts. This paper suggests an explanation for this worrisome phenomenon, which builds on the traditional signaling approach. The model brings into the picture specific institutional characteristics of the credit market in these countries. If lenders have no direct possibility to infer a firm's financial status, sound firms might want to borrow dollars and bear a high clearance cost -- connected to the grant procedure -- just in order to signal their type. The success of this policy depends on the behavior of bad firms. When dollar borrowing clearance costs are relatively small with respect to the clearance cost of borrowing in the local currency, the whole corporate sector would opt for liability dollarization. In this most inefficient case, the signaling effect vanishes, while all firms bear high clearance costs. We also put forward the necessary conditions for a separating equilibrium to occur.

The appraisal of urban regeneration land

PurposeThe value of land for development is normally estimated by the use of the comparative method or the residual approach. The aim of the paper is to examine appraisal practice, in particular the bases of valuation, availability and utilisation of data, reporting of the value figure and the management of risk.Design/methodology/approachThe paper reports the findings of a survey of valuers from leading practices throughout the UK, bank lenders and developers. An example of an appraisal of an urban regeneration site is included in order to highlight the key issues within the discussion.FindingsA variety of reporting practices is found from a tightly drawn range of values to single‐point estimates along with a detailed explanation of the assumptions employed. Developers and lenders favoured the latter, but they appeared to be open‐minded about a range of values or an expression of uncertainty being reported, provided that there is a clear and well supported justification. Risk management approaches are underdeveloped within the profession.Originality/valueThe valuation of urban regeneration land is said to be one of the most vexed issues in the appraisal of projects due to a lack of data transparency in urban regeneration markets, shortcomings in traditional appraisal methodologies and complexities of public sector grant procedures.

A discrete-time queueing model with periodically scheduled arrival and departure slots

We consider a time-slotted queueing model where each time slot can either be an arrival slot, in which new packets arrive, or a departure slot, in which packets are transmitted and hence depart from the queue. The slot scheduling strategy we consider describes periodically, and for a fixed number of time slots, which slots are arrival and departure slots. We consider a static and a dynamic strategy. For both strategies, we obtain expressions for the probability generating function of the steady-state queue length and the packet delay. The model is motivated by cable-access networks, which are often regulated by a request–grant procedure in which actual data transmission is preceded by a reservation procedure. Time slots can then either be used for reservation or for data transmission.

Determinants of Patent Litigation in Germany

This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information from suits filed during the period from 1993 to 1995 at two of the three most important district courts. A control group was formed by selecting a random sample from the population data taken at this period of time. The results of a probit analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent. Patents which have survived opposition are more likely to encounter subsequent litigation actions after the granting procedure than patents which have not been opposed. Patent owner's ability to trade patents with potential infringers and to interact with them repeatedly appears to promote pretrial settlement and to prevent patentees from filing suits. In contrast to results for the U.S., individual patent owners in Germany were found to be no more likely to face litigation than companies.

Regional Patent Systems

SUMMARYA number of international agreements exist which provide for a single regional patent office to grant patents on behalf of its member states. The most well-known is the European Patent Office, but similar organizations exist, in working or embryonic form, in most parts of the world. Procedures at the offices covering the former Soviet Union, Africa, the Middle East and South America are described. The Patent Cooperation Treaty is not a true regional patent system, but represents a very significant move towards greater international harmonization in patent granting procedures.