bluuebunny/crossref_metadata_2025 huggingface dataset:
On N-body simulations of globular cluster streams
Authors: Banik Nilanjan , Bovy Jo
Published: March 2021

Stellar tidal streams are sensitive tracers of the properties of the gravitational potential in which they orbit and detailed observations of their density structure can be used to place stringent constraints on fluctuations in the potential caused by, e.g. the expected populations of dark matter subhaloes in the standard cold dark matter (CDM) paradigm. Simulations of the evolution of stellar streams in live N-body haloes without low-mass dark matter subhaloes, however, indicate that streams exhibit significant perturbations on small scales even in the absence of substructure. Here, we demonstrate, using high-resolution N-body simulations combined with sophisticated semi-analytical and simple analytical models, that the mass resolutions of 104–$10^5\, \rm {M}_{\odot }$ commonly used to perform such simulations cause spurious stream density variations with a similar magnitude on large scales as those expected from a CDM-like subhalo population and an order of magnitude larger on small, yet observable, scales. We estimate that mass resolutions of ${\approx}100\, \rm {M}_{\odot }$ (${\approx}1\, \rm {M}_{\odot }$) are necessary for spurious, numerical density variations to be well below the CDM subhalo expectation on large (small) scales. That streams are sensitive to a simulation’s particle mass down to such small masses indicates that streams are sensitive to dark matter clustering down to these low masses if a significant fraction of the dark matter is clustered or concentrated in this way, for example, in MACHO models with masses of 10–$100\, \rm {M}_{\odot }$.
Measuring the Hubble function with standard candle clustering
Authors: Amendola Luca , Quartin Miguel
Published: March 2021

Supernova Ia magnitude surveys measure the dimensionless luminosity distance H0DL. However, from the distances alone one cannot obtain quantities like H(z) or the dark energy equation of state, unless further cosmological assumptions are imposed. Here we show that by measuring the power spectrum of density contrast and of peculiar velocities of supernovae one can estimate also H(z)/H0 regardless of background or linearly perturbed cosmology and of galaxy-matter bias. This method, dubbed Clustering of Standard Candles (CSC) also yields the redshift distortion parameter β(k, z) and the biased matter power spectrum in a model-independent way. We forecast that an optimistic (pessimistic) LSST may be able to constrain H(z)/H0 to 5–13 per cent (9–40 per cent) in redshift bins of Δz = 0.1 up to at least z = 0.6.
To cool is to keep: residual H/He atmospheres of super-Earths and sub-Neptunes
Authors: Misener William , Schlichting Hilke E
Published: March 2021

Super-Earths and sub-Neptunes are commonly thought to have accreted hydrogen/helium envelopes, consisting of a few to ten percent of their total mass, from the primordial gas disc. Subsequently, hydrodynamic escape driven by core-powered mass-loss and/or photoevaporation likely stripped much of these primordial envelopes from the lower mass and closer-in planets to form the super-Earth population. In this work, we show that after undergoing core-powered mass-loss, some super-Earths can retain small residual H/He envelopes. This retention is possible because, for significantly depleted atmospheres, the density at the radiative–convective boundary drops sufficiently such that the cooling time-scale becomes shorter than the mass-loss time-scale. The residual envelope is therefore able to contract, terminating further mass-loss. Using analytic calculations and numerical simulations, we show that the mass of primordial H/He envelope retained as a fraction of the planet’s total mass, fret, increases with increasing planet mass, Mc, and decreases with increasing equilibrium temperature, Teq, scaling as $f_\mathrm{ret} \propto M_\mathrm{c}^{3/2} T_\mathrm{eq}^{-1/2} \exp {[M_\mathrm{c}^{3/4} T_\mathrm{eq}^{-1}]}$. fret varies from <10−8 to about 10−3 for typical super-Earth parameters. To first order, the exact amount of left-over H/He depends on the initial envelope mass, the planet mass, its equilibrium temperature, and the envelope’s opacity. These residual hydrogen envelopes reduce the atmosphere’s mean molecular weight compared to a purely secondary atmosphere, a signature observable by current and future facilities. These remnant atmospheres may, however, in many cases be vulnerable to long-term erosion by photoevaporation. Any residual hydrogen envelope likely plays an important role in the long-term physical evolution of super-Earths, including their geology and geochemistry.
Quasars at intermediate redshift are not special; but they are often satellites
Authors: Alam Shadab , Ross Nicholas P , Eftekharzadeh Sarah , Peacock John A , Comparat Johan , Myers Adam D , Ross Ashley J
Published: March 2021

Understanding the links between the activity of supermassive black holes (SMBHs) at the centres of galaxies and their host dark matter haloes is a key question in modern astrophysics. The final data release of the SDSS-IV eBOSS provides the largest contemporary spectroscopic sample of galaxies and quasi-stellar objects (QSOs). Using this sample and covering the redshift interval z = 0.7–1.1, we have measured the clustering properties of the eBOSS QSOs, emission-line galaxies (ELGs), and luminous red galaxies (LRGs). We have also measured the fraction of QSOs as a function of the overdensity defined by the galaxy population. Using these measurements, we investigate how QSOs populate and sample the galaxy population, and how the host dark-matter haloes of QSOs sample the underlying halo distribution. We find that the probability of a galaxy hosting a QSO is independent of the host dark matter halo mass of the galaxy. We also find that about 60 per cent of eBOSS QSOs are hosted by LRGs and about 20–40 per cent of QSOs are hosted by satellite galaxies. We find a slight preference for QSOs to populate satellite galaxies over central galaxies. This is connected to the host halo mass distribution of different types of galaxies. Based on our analysis, QSOs should be hosted by a very broad distribution of haloes, and their occurrence should be modulated only by the efficiency of galaxy formation processes.
Implication of repeat insertion domains in the trans-activity of the long non-coding RNA ANRIL
Authors: Alfeghaly Charbel , Sanchez Aymeric , Rouget Raphael , Thuillier Quentin , Igel-Bourguignon Valérie , Marchand Virginie , Branlant Christiane , Motorin Yuri , Behm-Ansmant Isabelle , Maenner Sylvain
Published: March 2021

Long non-coding RNAs have emerged as critical regulators of cell homeostasis by modulating gene expression at chromatin level for instance. Here, we report that the lncRNA ANRIL, associated with several pathologies, binds to thousands of loci dispersed throughout the mammalian genome sharing a 21-bp motif enriched in G/A residues. By combining ANRIL genomic occupancy with transcriptomic analysis, we established a list of 65 and 123 genes potentially directly activated and silenced by ANRIL in trans, respectively. We also found that Exon8 of ANRIL, mainly made of transposable elements, contributes to ANRIL genomic association and consequently to its trans-activity. Furthermore, we showed that Exon8 favors ANRIL’s association with the FIRRE, TPD52L1 and IGFBP3 loci to modulate their expression through H3K27me3 deposition. We also investigated the mechanisms engaged by Exon8 to favor ANRIL’s association with the genome. Our data refine ANRIL’s trans-activity and highlight the functional importance of TEs on ANRIL’s activity.
Targeting the CSF1/CSF1R axis is a potential treatment strategy for malignant meningiomas
Authors: Yeung Jacky , Yaghoobi Vesal , Miyagishima Danielle , Vesely Matthew D , Zhang Tianxiang , Badri Ti , Nassar Ala , Han Xue , Sanmamed Miguel F , Youngblood Mark , Peyre Matthieu , Kalamarides Michel , Rimm David L , Gunel Murat , Chen Lieping
Published: March 2021

Background

Malignant meningiomas are fatal and lack effective therapy. As M2 macrophages are the most prevalent immune cell type in human meningiomas, we hypothesized that normalizing this immunosuppressive population would be an effective treatment strategy.

Methods

We used CIBERSORTx to examine the proportions of 22 immune subsets in human meningiomas. We targeted the colony-stimulating factor 1 (CSF1) or CSF1 receptor (CSF1R) axis, an important regulator of macrophage phenotype, using monoclonal antibodies (mAbs) in a novel immunocompetent murine model (MGS1) for malignant meningioma. RNA sequencing (RNA-seq) was performed to identify changes in gene expression in the tumor microenvironment (TME). Mass cytometry was used to delineate changes in immune subsets after treatment. We measured patients’ plasma CSF1 levels using ELISA and CSF1R expression using multiplex quantitative immunofluorescence in a human meningioma tissue microarray.

Results

Human meningiomas are heavily enriched for immunosuppressive myeloid cells. MGS1 recapitulates the TME of human meningiomas, including an abundance of myeloid cells, a paucity of infiltrating T cells, and low programmed death ligand 1 (PD-L1) expression. Treatment of murine meningiomas with anti-CSF1/CSF1R, but not programmed cell death receptor 1 (PD-1), mAbs abrogate tumor growth. RNA-seq and mass cytometry analyses reveal a myeloid cell reprogramming with limited effect on T cells in the TME. CSF1 plasma levels are significantly elevated in human patients, and CSF1R is highly expressed on CD163+ macrophages within the human TME.

Conclusion

Our findings suggest that anti-CSF1/CSF1R antibody treatment may be an effective normalization cancer immunotherapy for malignant meningiomas.
State of Radiomics in Glioblastoma
Authors: Taha Birra , Boley Daniel , Sun Ju , Chen Clark C
Published: March 2021

Radiomics is an emerging discipline that aims to make intelligent predictions and derive medical insights based on quantitative features extracted from medical images as a means to improve clinical diagnosis or outcome. Pertaining to glioblastoma, radiomics has provided powerful, noninvasive tools for gaining insights into pathogenesis and therapeutic responses. Radiomic studies have yielded meaningful biological understandings of imaging features that are often taken for granted in clinical medicine, including contrast enhancement on glioblastoma magnetic resonance imaging, the distance of a tumor from the subventricular zone, and the extent of mass effect. They have also laid the groundwork for noninvasive detection of mutations and epigenetic events that influence clinical outcomes such as isocitrate dehydrogenase (IDH) and O6-methylguanine-DNA methyltransferase (MGMT). In this article, we review advances in the field of glioblastoma radiomics as they pertain to prediction of IDH mutation status and MGMT promoter methylation status, as well as the development of novel, higher order radiomic parameters.
5-Aminolevulinic acid-guided resection improves the overall survival of patients with glioblastoma—a comparative cohort study of 343 patients
Authors: Baig Mirza Asfand , Christodoulides Ioannis , Lavrador Jose Pedro , Giamouriadis Anastasios , Vastani Amisha , Boardman Timothy , Ahmed Razna , Norman Irena , Murphy Christopher , Devi Sharmila , Vergani Francesco , Gullan Richard , Bhangoo Ranjeev , Ashkan Keyoumars
Published: March 2021

Background

5-Aminolevulic acid-guided surgery (5-ALA-GS) improves the extent of resection (EoR) and progression-free survival in patients with glioblastoma multiforme (GBM).

Methods

A single-center retrospective cohort study of adult patients with GBM who had surgical resection between 2013 and 2019, 5-ALA guided versus a non-5-ALA cohort. The primary outcome was the overall survival (OS). Secondary outcomes were EoR, performance status (PS), and new focal neurological deficit.

Results

Three hundred and forty-three patients were included: 253 patients in 5-ALA-GS group and 90 patients in the non-5-ALA-GS group. The OS (17.47 vs 10.63 months, P < .0001), postoperative PS (P < .0001), PS at 6 months (P = .002), new focal neurological deficit (23.3% vs 44.9%, P < .0001), and radiological EoR (gross total resection [GTR]—47.4% vs 22.9%, P < .0001) were significantly better in the 5-ALA-GS group compared to non-5-ALA-GS group. In multivariate analysis, use of 5-ALA (P = .003) and MGMT promoter methylation (P = .001) were significantly related with a better OS. In patients with radiological GTR, OS was also significantly better (P < .0001) in the 5-ALA-GS group compared to the non-5-ALA-GS group.

Conclusions

5-ALA-GS is associated with a significant improvement in the OS, PS after surgery and at 6 months, larger EoR, and fewer new motor deficits in patients with GBM.
Light meson physics at BESIII
Authors: Fang Shuang-shi
Published: March 2021

Studies of light meson decays are important tools to perform precision tests of the effective field theories, determine transition form factors and test fundamental symmetries. With very high statistics data samples, the Beijing Spectrometer III (BESIII) experiment provides a unique laboratory for light meson studies and is contributing significantly to a variety of these investigations. A brief review of recent progress in light meson decay studied at the BESIII experiment, including detailed studies of common decay dynamics, searches for rare/forbidden decays and new particles, is presented. Finally, together with descriptions of different experimental techniques, prospects for future studies of light mesons are discussed in some detail.
Characteristics of Rickettsia typhi Infections Detected with Next-Generation Sequencing of Microbial Cell-Free Deoxyribonucleic Acid in a Tertiary Care Hospital
Authors: Centeno Fernando H , Lasco Todd , Ahmed Asim A , Al Mohajer Mayar
Published: March 2021

We present 10 patients with Rickettsia typhi infection in whom next-generation sequencing of microbial cell-free deoxyribonucleic acid (mcfDNA) was used as a diagnostic tool. Rickettsia typhi mcfDNA was detected in all cases and was more rapid and specific than rickettsial serology. Rickettsia typhi mcfDNA impacted antibiotic management in 50% of patients.
Association of Clinical Severity With Family Affluence–Based Socioeconomic Status Among Hospitalized Pediatric Hand, Foot, and Mouth Disease Patients in Henan, China: A Single Hospital-Based Case Series Study
Authors: Wang Kai , Wang Fang , Li Yu , Liang Lu , Cui Peng , Han Shujuan , Zhou Yonghong , Qiu Qi , Cheng Yibing , Guo Chun , Zeng Mengyao , Long Lu , Zhang Tianchen , Yu Hongjie
Published: March 2021

Background

The association between the clinical severity of hand, foot, and mouth disease (HFMD) inpatients and socioeconomic status (SES) is important for quantifying SES inequality in HFMD disease burden and informing decision-makers regarding medical subsidy and reimbursement policies. Here, this association was investigated using a quantitative SES measurement.

Methods

Laboratory-confirmed HFMD cases hospitalized at Henan Children’s Hospital from February 15, 2017, to February 15, 2018, were invited. We utilized the revised Family Affluence Scale for family affluence–based SES measurement. Clinical severity was diagnosed based on central nervous system (CNS) complications, treatments, and length of stay. We applied logistic regression for association analyses and multiple imputation for missing data.

Results

A total of 1229 laboratory-confirmed HFMD inpatients responded. Adjusted by age, sex, rural residence, EV-A71 infection, and health-seeking behavior, CNS complications (odds ratio [OR], 2.72; 95% CI, 1.41–5.31), intensive care unit (ICU) admission (OR, 7.30; 95% CI, 2.21–25.97), and prolonged hospitalization (OR, 4.28; 95% CI, 2.44–7.58) were significantly associated with lower family affluence–based SES. These associations increased as the SES category descended. For EV-A71-infected inpatients, severe HFMD was significantly associated with low and intermediate SES. For non-EV-A71-infected inpatients, only the association of prolonged hospitalization with low SES increased significantly. Also, severe HFMD inpatients, especially those admitted to the ICU, incurred high hospitalization costs.

Conclusions

The clinical severity of HMFD inpatients was significantly associated with family affluence–based SES. Severe HFMD inpatients were more likely to have lower SES than nonsevere inpatients and suffered a heavy economic burden. Therefore, medical subsidy and reimbursement policies should offer sufficient monetary support to severe HFMD inpatients to alleviate economic burden in low-SES populations and reduce potential SES inequality.
Financial Reform Efforts since the Global Financial Crisis—An Overview
Authors: Schillig Michael
Published: March 2021

The chapter provides an overview of the current state of the reform efforts in the jurisdictions under consideration with a focus on the institutional architecture, banking regulation, shadow banking, and financial market infrastructure. It briefly reviews the generally accepted causes of the global financial crisis and the eurozone crisis, as well as the reform agenda at global/international level. It summarizes the reform efforts in the EU and the US that are of particular relevance for the recovery and resolution of credit institutions and investment firms. These reform efforts form the context in which the new recovery and resolution regime must be viewed.
Losses on death
Authors: Burrows Andrew
Published: March 2021

At common law no action could be brought for loss suffered through the killing of another. But this was altered by the Fatal Accidents Acts 1846–1959, now the Fatal Accidents Act 1976 (FAA 1976) (as amended by the Administration of Justice Act 1982, s 3) which gives a statutory action ‘… if death is caused by any wrongful act, neglect or default …’ Most such statutory actions are founded on a tort by the defendant but the basis may be breach of contract.
Unregistered Community Designs
Authors: Stone David
Published: March 2021

One of the industry sectors most vocal during debates about European Union intervention in design rights was the fashion industry, commercially important in a number of European Union member states, and large employers in the voting districts of many members of the European Parliament.
The Design Directive
Authors: Stone David
Published: March 2021

No discussion of European Union design law would be complete without an examination of the Directive. Many of the substantive provisions of the Directive mirror those in the Regulation—indeed, the reverse is more accurate as the Directive was adopted first. These substantive provisions are examined in the preceding chapters. This chapter deals with those provisions of the Directive that are not also found in the Regulation.
Principles of Secondary Liability
Authors: Riordan Jaani
Published: March 2021

This chapter introduces the principles that apply to determine when a person will be jointly liable for wrongdoing carried out by another. English law recognises several ways in which one person can be made liable for the acts or omissions of another. Together, these doctrines are referred to as secondary liability rules and their perpetrators are described as joint wrongdoers. What unites them is a requirement of at least prima facie wrongdoing by one or more third parties, the primary wrongdoers.
Absolute Grounds
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

Chapter 4 included an introduction to absolute grounds, the relevant provisions of the Directive and the Regulation, and covered formalities—namely what constitutes a sign, graphical representation requirements, and the concept of ‘capable of distinguishing’—as well as the definition of the goods and services for which a trade mark can be registered.
Introduction
Authors: Ashdown Michael
Published: March 2021

In 1958 the trustees of a settlement, established in 1947 by Sir William Bass for the benefit of Captain Hastings-Bass and his issue, exercised the statutory power of advancement to transfer £50 000 from that settlement to the trustees of another trust fund created in 1957 for the benefit of Captain Hastings-Bass’s son, William, and William’s issue. What the trustees could not then foresee was that the later decision of the House of Lords in Re Pilkington’s Will Trusts would render some of the 1957 trusts perpetuitous and void. The Commissioners of Inland Revenue argued that this oversight rendered the purported exercise of the power of advancement void, and that in consequence they were entitled to claim estate duty on the £50 000 when Captain Hastings-Bass died in 1964. In 1974 the Court of Appeal rejected this argument, holding that the 1957 trusts created a life interest vested in William Hastings-Bass, and that this life interest survived even though the remoter interests were void for perpetuity.
Applying the Re Hastings-Bass Rule
Authors: Ashdown Michael
Published: March 2021

The Supreme Court’s decision in Pitt v Holt has brought welcome clarity to the Re Hastings-Bass rule, by endorsing the Court of Appeal’s reformulation of the rule as based on flawed decision making by trustees and other fiduciaries. The court’s power to intervene is now explicitly dependent on trustees breaching their duty to give reasonable and responsible consideration to the exercise of their powers and discretions. Such a breach will often also be coupled with a breach of the duty of care owed by trustees to beneficiaries.
The Netherlands
Authors: van Galen Robert
Published: March 2021

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and author bear no responsibility for any errors or omissions contained therein.
Spain
Authors: Bou Agustín
Published: March 2021

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and author bear no responsibility for any errors or omissions contained therein.
Criminal Liability of Directors
Authors: Sibson Clare
Published: March 2021

Shortly put, the criminal liability of company directors is as wide as the criminal law. Company directors appear before the criminal courts in connection with the conduct of their working lives on charges as varied as false accounting, harassment, corruption, and assault.
Definitions
Authors: Tilmann Winfried
Published: March 2021

The definitions prefacing the EPUE Reg in Art 2 define the terms repeatedly used in the Regulation. This was necessary in particular for the definition of the term ‘Participating Member States’ (lit a) that follows from the use of enhanced cooperation.
Renewal fees
Authors: Tilmann Winfried
Published: March 2021

The renewal fees according to Art 11 are therefore collectivized national fees. The provisions of Arts 9–13 EPUE Reg prevent the PMSs from establishing and imposing national fees for EPUEs. Both must be effected jointly and uniformly for all PMSs in the Select Committee. When establishing the renewal fees and the additional fees, the Select Committee availed itself of the model in Rule 51 EPC Implementing Regs (for EPO renewal fees) in Rule 13 RUPR. It has done so in Rule 13 RUPR, partly by explicit provisions (paras 1–5), partly in the form of a referral (para 6).
Administration of a compensation scheme
Authors: Keussen Christoph
Published: March 2021

According to Art 14(2) EPC, a European patent application may be filed in any language. Within two months (Rule 6 EPC Implementing Regs), a translation into an official language of the EPO must be filed. This official language then becomes the language of proceedings before the EPO (Art 14(3) EPC).
Entry into force
Authors: Keussen Christoph
Published: March 2021

Art 7 provides for entry into force and date of application in wording identical to Art 18(1) and (2) EPUE Reg, thus ensuring that the EPUE Reg, the EPUET Reg, and the UPCA enter into force simultaneously.
Liability
Authors: Tilmann Winfried
Published: March 2021

Since the Court has its own legal personality, legal capacity, as well as capacity in tort (Art 4 UPCA), it may establish legal relationships in contract or tort. Since the Court is a functional part of the judicial system of each CMS (Arts 1(2) and 21 UPCA), those legal relationships are subject to the rules of Union law (Arts 1(2) and 21 UPCA) to the extent that they exist and are relevant. Art 24(1)(a) UPCA is not relevant because that provision relates to the Court’s judicial activity and the law applicable in that regard.
Competence of the divisions of the Court of First Instance
Authors: Tilmann Winfried
Published: March 2021

The Council Common Position of 3 March 2003 provided for a fully centralized judicial system for EU patents. Even the point of entry, not only the Court of Appeal, was to have its seat centrally in Luxembourg. With its over-centralization, the proposal met with resolute resistance on the part of stakeholders from industry, the legal community, and the judiciary. It was indeed bureaucratic, not to mention ingenuous, to pass over the fact that patent disputes frequently take place only in one or a few MSs and that the parties, their lawyers, and patent attorneys as well as the evidence (witnesses; inspection) are often located a long way from Luxembourg. Having to make the journey to Luxembourg for every hearing, even on minor matters, was unreasonable and unacceptable, particularly for small and medium-sized companies and their representatives. Seen from a legal standpoint, the Common Position did not take into consideration whether centralization was compatible with the Brussels Ia Reg.
Representation
Authors: Tilmann Winfried
Published: March 2021

A lawyer or patent attorney requires authority from his client to act as counsel on behalf of the latter. Under such authority to act as counsel, he is authorized to conduct proceedings on behalf of the party represented. It is an instrument of procedural law, subject to the rules of civil law on representation only by way of supplementary application. The UPCA does not contain any rules on authority to act as counsel. Rule 8 UPCARoP stipulates mandatory representation by a lawyer before the UPC (presumed in Art 48(7) UPCA; derogations: Rules 88.4 and 378.5 UPCARoP). Rule 285 UPCARoP provides that the UPC may order counsel to produce written authority if his authority to act as counsel is challenged by the opposing party. This objection may be raised at any time during the proceedings. The UPC is required to take account of any deficiency in authority ex officio. It is not required to verify the authority of a representative identified as a lawyer of its own initiative, except in cases (evident lack of or highly doubtful authority) establishing a duty of care on the part of the Court.
Period of limitation
Authors: Gundt Miriam
Published: March 2021

Without prejudice to Article 24(2) and (3), actions relating to all forms of financial compensation may not be brought more than five years after the date on which the applicant became aware, or had reasonable grounds to become aware, of the last fact justifying the action.
Eligibility of judges
Authors: Tochtermann Peter
Published: March 2021

Art 19 UPCA provides for a training framework which was included in the Agreement to help to improve the competence of judges and to ensure that knowledge of patent law and the UPC system is widely spread amongst the Member States of the UPC. The training framework will also be used to prepare applicants for their position as judges of the UPC as only nationals of a signatory state to the UPCA can be appointed as a judge of the Court. As noble as these goals may be, they must not fuel the possible misunderstanding that it would be sufficient to prove practical experience merely by participation in lectures, seminars, conferences, or mock trials. Such training elements are, of course, useful but can never compensate for lack of practical experience in handling patent cases.
Immunity of judges
Authors: Tochtermann Peter
Published: March 2021

The judges of the UPC are immune from legal proceedings. The immunity also extends to the time after their retirement if the act concerned was exercised in relation to their official capacity as a judge of the UPC.
Budget
Authors: Tochtermann Peter
Published: March 2021

The budget allows the Budget Committee to estimate the revenue of the Court and the expenses necessary to guarantee the functioning of the Court (Art 15a Draft Budgetary and Financial Regulation). According to Art 29 of the Draft Budgetary and Financial Regulation, the adoption of the budget by the Budget Committee creates the obligation of the CMSs to pay the respective sums to the UPC and empowers the Presidium and the Registrar to make the financial commitments necessary for the purposes of the Court. The costs to be paid by the CMSs include the costs of running the training centre and the mediation and arbitration centre (Art 15a Draft Budgetary and Financial Regulation). The budget further serves as the basis for calculating the financial contributions due from the CMSs to set up the Court (Art 37(2) UPCA). Moreover, the budget will serve as the basis for calculating the contributions by the CMS during the first seven years of operation when the Court will not be able to cover all of its costs from its revenue (Arts 36 and 37(3) and (4) UPCA). The budget will also set out the financial obligations of the Presidium (Art 16 Draft Budgetary and Financial Regulation).
Dissenting opinions
Authors: Tochtermann Peter
Published: March 2021

A dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.
Recording in the register and assignment (Court of First Instance, infringement action)
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 17 UPCARoP governs the recording of the Statement of claim and its assignment to a panel of the division. The necessary entries to be made in the register fall under the scope of duties of the Registry. Art 10 UPCA and Arts 22–25 UPC Statute define detailed requirements for competences and the set-up of the Registry. Recording the procedural data in writing and attribution of an action number ensures that the proceedings are conducted in a clear and comprehensible manner. This takes account of the principle of legal certainty.
Preliminary objection
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

The possibility of lodging an objection in advance serves the purpose of procedural economy and is to prevent thoroughgoing hearings on the merits later proving to have been unnecessary. By providing for the possibility of clarifying the jurisdiction and competence of the Court and the language of proceedings at an early stage, the UPC, as stated in Recital 6 of the UPCA, is to ensure expeditious decisions.
Decision or order on a Preliminary objection
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

The decision on a Preliminary objection is made by the judge rapporteur. This competence lies in the judge rapporteur’s case management role. Pursuant to Rule 331.1 UPCARoP, the judge rapporteur is responsible for case management during the entire written procedure and interim procedure. The decision on a Preliminary objection therefore requires that the judge rapporteur has already been appointed pursuant to Rule 18.
Closure of the written procedure
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 35 stipulates for the judge rapporteur the final steps to be taken in the written procedure. The parties must be informed of the closure of the written procedure so that they know how to further proceed and what the next steps will be. Moreover, the parties are thus made aware of the possibility of further submissions by written pleading being precluded.
Further exchanges of written pleadings
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Without prejudice to the powers of the judge-rapporteur pursuant to Rule 110.1, on a reasoned request by a party lodged before the date on which the judge-rapporteur intends to close the written procedure [Rule 35(a)], the judge-rapporteur may allow the exchange of further written pleadings, within a period to be specified. Where the exchange of further written pleadings is allowed, the written procedure shall be deemed closed upon expiry of the specified period.
Contents of the Defence to revocation and Counterclaim for infringement
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

The Defence to revocation must show whether the defendant responds to the revocation action. This is necessary to establish between which persons the procedural law relationship arises.
Rejoinder to the Reply
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

Within one month of the service of the Reply the defendant may lodge a Rejoinder to the Reply to the Defence to revocation together with any Reply to the Defence to an Application to amend the patent pursuant to Rule 43.3 and 55 as well as any Reply to the Defence to the Counterclaim for infringement pursuant to Rule 56.3, if applicable. The Rejoinder shall be limited to a response to the matters raised in the Reply.
Rule 63: Contents of the Statement for a declaration of non-infringement
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

The mere fact that an action for a declaration of non-infringement has been brought before the central division despite the fact that an infringement action is already pending at a local or regional division does not have the consequence that the action is inadmissible if the infringement action has not already been served on the defendant. In that case, the Registrar must inform the local or regional division pursuant to Rule 261.2.
Rule 74: Value-based fee for the action for a declaration of non-infringement
Authors: Plassmann Clemens
Published: March 2021

Rule 74 sets out the procedure by which the value of the dispute for an action for declaration of non-infringement is determined, and provides that the claimant, in addition to the fixed fee pursuant to Rules 70 and 370.2, is required to pay a value-based fee if the value of the dispute exceeds €500,000 (Rule 370.3, Fee Scale Section II). Rule 74 is almost identical to Rule 22, which makes a similar provision for infringement actions. As a result, refer to the commentary on that Rule in its entirety.
Rule 90: Recording in the register (ex parte proceedings)
Authors: Kuczera Markus
Published: March 2021

If the Registry has completed the examination as to formal requirements pursuant to Rule 89 and if it concludes that the action meets the requirements of Rule 89.1, the Registry must continue the proceedings pursuant to Rule 90. This also applies to cases in which the President of the Court of First Instance has declined to issue a decision by default pursuant to Rule 89.4 cl 1 or to set aside a decision by default pursuant to Rule 356.3 because the requirements of Rule 89.1 are (eventually) met.
Rule 105 Holding the interim conference
Authors: Tochtermann Peter
Published: March 2021

The judge rapporteur may order on a request by a party or ex officio to hold the interim conference in open Court (→ Rule 334(d) UPCARoP) which will then be audio-recorded and made available at the Court to the parties and their counsel. There is no need to take minutes at the interim conference due to audio-recording. The public may be excluded for reasons of confidentiality (→ see Rule 115 UPCARoP, mn 4 ff).
Rule 113 Duration of the oral hearing
Authors: Tochtermann Peter
Published: March 2021

Pursuant to Rule 113, the oral hearing must be completed within one day except, of course, if the oral hearing has been scheduled for more than one day in order to hold an interim conference (Rule 104) in the interim procedure (Rule 104(g) and (h)) to enable witnesses or experts to be heard or where the panel needs to clarify legal points or questions on the facts put forward (Rule 114 UPCARoP). In any event, it is of paramount importance that the parties have been heard and that the case has been comprehensively addressed.
Absence of a party from the oral hearing
Authors: Tochtermann Peter
Published: March 2021

A party may, of course, be absent from the oral hearing—except that party has been ordered to attend—and be represented by counsel without having to fear the consequences of Rules 116 and 117 UPCARoP. Pursuant to Rule 8, a party is in any event prevented from making statements itself and has to put forward its submissions through counsel.
Rule 126 Start of proceedings for the determination of damages
Authors: Steininger Steffen
Published: March 2021

Rule 126 provides a period for lodging the application which initiates the proceedings for determining damages. Such a period is unknown in many domestic legal systems, for example Germany. Rather, German substantive law allows for initiation of the proceedings to determine damages until the end of the limitation period. The wording (‘lodge an Application’) clarifies that the procedure does not relate to proceedings on the merits but to the application procedure (for details, → Rule 125.4 UPCARoP).
Separate proceedings for cost decision
Authors: Plassmann Clemens , Dold Dennis
Published: March 2021

A cost decision may be the subject of separate proceedings following a decision on the merits and, if applicable, a decision for the determination of damages. The cost decision shall cover costs incurred in the proceedings by the Court such as costs for simultaneous interpretation and costs incurred pursuant to Rules 180.1, 185.7, 188, 201 and 202 and, subject to the Rules 152 to 156, the costs of the successful party including Court fees paid by that party [Rule 151(d)]. Costs for interpretation and translation which is necessary for the judges of the Court in order to conduct the case in the language of proceedings are borne solely by the Court.
Order to produce evidence
Authors: Ahrens Hans-Jürgen
Published: March 2021

Where a party has presented reasonably available and plausible evidence in support of its claims and has, in substantiating those claims, specified evidence which lies in the control of the other party or a third party, the Court may on a reasoned request by the party specifying such evidence, order that other party or third party to produce such evidence. For the protection of confidential information the Court may order that the evidence be disclosed to certain named persons only and be subject to appropriate terms of non-disclosure.
Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Authors: Ahrens Hans-Jürgen
Published: March 2021

Where main proceedings on the merits of the case have not yet been started before the Court, the Application for preserving evidence shall be dealt with in accordance with Rule 16 (formalities examination by Registry), Rule 17.1(a) to (c) and .2 (date of receipt, recording in the register, action number, assignment to panel) and Rule 18 (designation only of judge-rapporteur by presiding judge).
Experiments ordered by the Court
Authors: Ahrens Hans-Jürgen
Published: March 2021

Without prejudice to the possibility for parties or parties’ experts to carry out experiments, the Court may, on a reasoned request by a party, order an experiment to prove a statement of fact for the purpose of proceedings before the Court.
Rule 232 Translation of file
Authors: Büttner Tilmann
Published: March 2021

The language of the appeal proceedings may differ from that at first instance. Rule 232 creates the risk of the judge rapporteur ordering the production of translations in the language of the appeal proceedings, which would be at the expense of the appellant.
Rule 239 Role of the judge-rapporteur
Authors: Büttner Tilmann
Published: March 2021

As with the proceedings of first instance, the appeal proceedings provide a link between the written procedure consisting of the exchange of briefs between the parties and the oral procedure which needs to be prepared comprehensively in order to set out the basis for a final decision. In the appeal proceedings, again, this procedural link is provided by the interim procedure.
Responsibility for case management
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 331 relates to Art 43 UPCA which assigns to the Court the active direction of pending cases (‘case management’) subject to the Rules of Procedure. For an introduction to case management, → commentary on Art 43 UPCA.
Application of Article 7 of the Statute
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Art 7(4) UPC Statute permits any party to the proceeding to object to a judge taking part in the proceedings where the judge is suspected, with good reason, of partiality. Para 1 governs the further procedure in the case of such objection. First, the presiding judge of the local or regional division to which the judge is allocated has to decide whether the objection is admissible. The presiding judge of the local or regional division is appointed by the Presidium (Rule 345.3) and is not to be confused with the presiding judge of the panel. If the judge who is the subject of the objection is part of the central division or one of its sections, the presiding judge of the seat of the central division or its section decides on the admissibility of the objection. The presiding judges of the seat of the central division and its sections are also appointed by the Presidium according to Rule 345.3.
Action manifestly bound to fail
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Where it is clear that the Court has no jurisdiction to take cognisance of an action or of certain of the claims therein or where the action or defence is, in whole or in part, manifestly inadmissible or manifestly lacking any foundation in law, the Court may, after giving the parties an opportunity to be heard, give a decision by way of order.
Confirmation by the Court of a settlement
Authors: Tochtermann Peter
Published: March 2021

Where the parties have concluded their action by way of settlement, they shall inform the judge-rapporteur. The Court shall confirm the settlement by decision of the Court [Rule 11.2], if requested by the parties, and the decision may be enforced as a final decision of the Court.
Maximum amount to be paid for representation
Authors: Gundt Miriam
Published: March 2021

Rule 376A is self-explanatory. See Rule 370 Annex I and II.
Proprietary Rights and Insolvency
Authors: Calnan Richard
Published: March 2021

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.
Tracing in Equity
Authors: Calnan Richard
Published: March 2021

This chapter discusses the requirements of tracing in equity, including the principles by which one person can trace its asset into a substitute. Possible exceptions to the principles are also discussed. It contains a detailed discussion of the cases. The chapter contains a detailed discussion of the cases. It also considers the principles for the identification of a substitute asset, including where there has been mixture with other assets. The recurring problem of the link between equitable tracing and fiduciary relationships is discussed.
Iceland
Authors: Moss QC Gabriel , Wessels Bob , Haentjens Matthias
Published: March 2021

Iceland is not a member of the EU. However, as a member of the European Free Trade Association (EFTA), it participates in the EU’s internal market through the Agreement on the European Economic Area (EEA). Iceland adopts EU legislation with the most notable exclusions being laws regarding agriculture and fisheries. The EEA was established on 1 January 1994 upon entry into force of an agreement between the EFTA States and the EU’s predecessors. A Joint Committee consisting of the EEA–EFTA States plus the European Commission, representing the EU, has a role of extending relevant EU law to the non-EU members. An EEA Council meets at least biannually to govern the overall relationship between the EEA members. The EFTA Surveillance Authority and the EFTA Court regulate the activities of the EFTA members in respect of their obligations under the EEA Agreement.
Article 27 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 15 EC When drawing up its proposals with a view to achieving the objectives set out in Article 26, the Commission shall take into account the extent of the effort that certain economies showing differences in development will have to sustain for the establishment of the internal market and it may propose appropriate provisions.
Article 47 TFEU
Authors: Martin Denis
Published: March 2021

Article 41 EC Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
Article 57 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 50 EC Services shall be considered to be ‘services’ within the meaning of the Treaties where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.
Article 63 TFEU
Authors: Steiblytė Audronė , Tomkin Jonathan
Published: March 2021

Article 56 EC Within the framework of the provisions set out in this Chapter, all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited.
Article 73 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.