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Understanding the Proposed New European Community Patent
Most inventors new to the patent system express a desire for an international patent ' a monopoly good across the whole world from a single application. While it is unlikely that their desire will ever be satisfied, the prospect of being able to offer a patent throughout Europe in the form of a Community Patent may soon become reality. Such a Community Patent would be effective across all of the soon to be 25 member states of the European Union (EU).
On March 3, 2003, the Council of the European Union (EU Council) reached agreement on certain stumbling blocks, most notably, the structure of courts to try infringement and validity, and the languages to be used. The proposed Community Patent would be governed by a Regulation that is directly applicable in all member states. The Regulation will piggy back on the 1973 Munich Convention, which created the European Patent Organisation, for its substantive patent law. Applicants will apply through the European Patent Office (EPO) as they do today but may designate the European Union as one territory for the application. The EPO will examine the application in any of its existing three languages: English, French and German. Upon grant, the patentee will have to translate only the claims into each and every language used in the EU. Thus, although the Community Patent is purported to reduce the cost of acquiring and enforcing patents in Europe, conceivably the translation of the claims into each of the languages of the EU could become a significant expense. However, it is likely that the timeline for submitting the translations may be as long as two years after the official grant date.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.