bluuebunny/crossref_metadata_2025 huggingface dataset:
Enhancing trust in AI through industry self-governance
Authors: Roski Joachim , Maier Ezekiel J , Vigilante Kevin , Kane Elizabeth A , Matheny Michael E
Published: March 2021

Artificial intelligence (AI) is critical to harnessing value from exponentially growing health and healthcare data. Expectations are high for AI solutions to effectively address current health challenges. However, there have been prior periods of enthusiasm for AI followed by periods of disillusionment, reduced investments, and progress, known as “AI Winters.” We are now at risk of another AI Winter in health/healthcare due to increasing publicity of AI solutions that are not representing touted breakthroughs, and thereby decreasing trust of users in AI. In this article, we first highlight recently published literature on AI risks and mitigation strategies that would be relevant for groups considering designing, implementing, and promoting self-governance. We then describe a process for how a diverse group of stakeholders could develop and define standards for promoting trust, as well as AI risk-mitigating practices through greater industry self-governance. We also describe how adherence to such standards could be verified, specifically through certification/accreditation. Self-governance could be encouraged by governments to complement existing regulatory schema or legislative efforts to mitigate AI risks. Greater adoption of industry self-governance could fill a critical gap to construct a more comprehensive approach to the governance of AI solutions than US legislation/regulations currently encompass. In this more comprehensive approach, AI developers, AI users, and government/legislators all have critical roles to play to advance practices that maintain trust in AI and prevent another AI Winter.
Environmental Impact Assessment: A Middle Eastern Experience
Authors: Alomari Mohammad A , Heffron Raphael J
Published: March 2021

Environmental impact assessment (EIA) is an important environmental protection tool introduced into the environmental governance framework to evaluate and inform the administrative decision-making processes regarding whether certain developments or projects are to be allowed. In this article, EIA’s legal status and procedure are examined in relation to a Middle Eastern context, specifically to the Kingdom of Saudi Arabia (KSA). Two different types of analysis are employed. The first is doctrinal analysis, focusing on the legal and statutory provisions regulating and organising this environmental protection tool—this genre of analysis entails identifying and unpacking the laws and regulations that govern this tool. The second type is qualitative analysis involving original data from 27 semi-structured interviews—one of the first of its kind on this topic in the KSA. The key contribution of the article comprises the examination and synthesis of the current status of different theories in the current international literature with regard to the underexplored issue of EIAs in the KSA.
In Defence of a Metaphor
Authors: Holtermann Jakob v H
Published: March 2021

Shai Dothan rejects my submission that the Swiss cheese model of accident prevention provides a useful framework for a convincing deterrence-based defence of the International Criminal Court (ICC). I believe that Dothan’s critique is mistaken. Proceeding via a restatement and an expansion of my original argument this paper explains why. First, I outline the original idea of coupling a deterrence-based argument for the ICC to the Swiss cheese model. Secondly, I outline the core of Dothan’s critique. Thirdly, I elaborate on the Swiss cheese model as it was originally developed in the context of risk analysis and accident prevention. Fourthly, I demonstrate the usefulness of this model also in the context of traditional domestic crime prevention. Fifthly, I connect these points back to the context of international criminal justice. Finally, I conclude by returning to Dothan’s critique using the previous findings to reject his argument.
Abdominal wall endometriosis: a case report
Authors: Stefanou Stefanos K , Tepelenis Kostas , Stefanou Christos K , Gogos-Pappas George , Tsalikidis Christos , Vlachos Konstantinos
Published: March 2021

Abdominal wall endometriosis has an incidence of 0.3–1% of extrapelvic disease. Α 48-year-old female appeared in the emergency department with cellulitis in a lower midline incision. She had an endometrioma of the anterior abdominal wall removed 2 years ago. After 5 months, she underwent an open repair of an incisional hernia with a propylene mesh, which was unfortunately infected and removed 1 month later. Finally, in July 2019, she had her incisional hernia repaired with a biological mesh. Imaging modalities revealed a large mass below the umbilicus. Mass was punctured under ultrasound guidance. Cytology reported the recurrence of endometriosis. Pain and abdominal mass associating with menses were the two most typical symptoms. Wide local excision of the mass with at least 1 cm negative margins is the preferred treatment. Surgeons should maintain a high suspicion of the disease in reproductive women with circular pain, palpable abdominal mass and history of uterine-relating surgery.
Blister beetle dermatitis with mirror lesions in a cluster of travellers from Kenya
Authors: Camprubí-Ferrer Daniel , Rodriguez-Valero Natalia , Muelas Magdalena , Almuedo-Riera Alex , Romero Lucía , Muñoz Jose
Published: March 2021

After returning from Kenya, a 20-year-old Caucasian girl presented with multiple itching and burning erythematous skin lesions in her limbs, which progressively evolved to pustulous linear lesions, some of them with mirror distribution. Toxic ‘dermatitis linearis’ due to Paederus spp. was confirmed by the identification of rove beetles.
Clinical Utility of Midregional Proadrenomedullin in Patients with COVID-19
Authors: Lo Sasso Bruna , Gambino Caterina Maria , Scichilone Nicola , Giglio Rosaria Vincenza , Bivona Giulia , Scazzone Concetta , Muratore Roberto , Milano Salvatore , Barbagallo Mario , Agnello Luisa , Ciaccio Marcello
Published: March 2021

Objective

The aim of the study was to assess the role of midregional proadrenomedullin (MR-proADM) in patients with COVID-19.

Methods

We included 110 patients hospitalized for COVID-19. Biochemical biomarkers, including MR-proADM, were measured at admission. The association of plasma MR-proADM levels with COVID-19 severity, defined as a requirement for mechanical ventilation or in-hospital mortality, was evaluated.

Results

Patients showed increased levels of MR-proADM. In addition, MR-proADM was higher in patients who died during hospitalization than in patients who survived (median, 2.59 nmol/L; interquartile range, 2.3–2.95 vs median, 0.82 nmol/L; interquartile range, 0.57–1.03; P <.0001). Receiver operating characteristic curve analysis showed good accuracy of MR-proADM for predicting mortality. A MR-proADM value of 1.73 nmol/L was established as the best cutoff value, with 90% sensitivity and 95% specificity (P <.0001).

Conclusion

We found that MR-proADM could represent a prognostic biomarker of COVID-19.
Risk Area 3: Caregiver Emotional Well-Being
Authors: Burgio Louis D. , Wynn Matthew J.
Published: March 2021

This chapter describes one of the five risk areas, namely, caregiver emotional well-being. Caregiving for a person with dementia often is associated with increased levels of depression, stress, anxiety, and anger. This chapter focuses on two strategies designed to improve caregiver emotional well-being: relaxation to reduce stress and increasing engagement in pleasant events. Clinicians are given instructions to teach caregivers the Signal Breath technique, a deep breathing skill to help increase alertness and reduce stress. The chapter also includes worksheets designed to be filled out with the caregiver in order to identify and plan pleasant events for both the caregiver and the person with dementia.
Understanding Your Child’s School Attendance Problem
Authors: Kearney Christopher A.
Published: March 2021

This chapter is designed to help parents keep track of and record their child’s attendance, level of distress, and morning behavior problems. The chapter is designed to assist parents in becoming more aware of a child’s actual time in school, identify how their child’s behavior changes during the week, discover why their child is having trouble attending school, seeing whether the methods in the book are indeed working, exchange more detailed information with school officials and others, and look for signs that a school attendance problem may be recurring after the initial problem was fixed. Worksheets are provided to assist parents in these tasks and to ease communication with school officials. An introduction is given regarding different reasons why students have trouble attending school to steer parents in the right directions in the book.
The impact of the Human Rights Act 1998
Authors: Burrows Andrew
Published: March 2021

The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.
Factual causation
Authors: Burrows Andrew
Published: March 2021

A requirement that can be regarded as inherent in the compensatory aims is that the defendant’s tort or breach of contract has been a cause of the claimant’s loss. So the words, ‘… as if the tort or breach of contract had not been committed’ correlate to the usual ‘but for’ or sine qua non test of factual causation; that is, the claimant must establish that but for the tort or breach of contract she would not have suffered the loss.
Loss of reputation
Authors: Burrows Andrew
Published: March 2021

Loss of reputation is a non-pecuniary loss, which is traditionally regarded as distinct from mental distress in that it deals with society’s feelings towards the claimant, rather than with the claimant’s own feelings. But often mental distress consequent on loss of reputation is not clearly separated from the award for loss of reputation itself. Indeed on an alternative view, alternative to that traditionally taken by the courts, all non-pecuniary loss, including loss of reputation, is ultimately regarded as a loss only in terms of the distress or loss of happiness caused to the claimant. However, where a claimant complains of a loss of reputation she is generally concerned not only about loss of reputation itself, but also and often primarily about the pecuniary loss flowing from it and both will be considered.
Specific performance
Authors: Burrows Andrew
Published: March 2021

Specific performance is an equitable remedy which enforces a defendant’s positive contractual obligations: that is, it orders the defendant to do what he or she promised to do. It is therefore a remedy protecting the claimant’s expectation interest, the justification for such protection resting ultimately on the morality of promise-keeping. Prohibitory injunctions also enforce contractual promises, but differ in that the promises in question are there negative. However, if what is in form a prohibitory injunction, in substance orders specific performance, or if the courts consider that in practice the injunction amounts to specific performance, it is governed by specific performance principles and is dealt with in this chapter.
Jurisdiction
Authors: Stone David
Published: March 2021

Community designs are, by definition, supranational. Therefore, every dispute concerning a Community design (registered or unregistered) will have an ‘international’ element to it. Thus, questions of jurisdiction—which court or tribunal should hear the dispute—will arise in every case. Some of these questions will be easily answered, but some are more difficult. Well-resourced parties may try to take advantage of the rules to seek to obtain a more favourable result.
Trade Marks in Europe and the Court of Justice of the European Union
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

The purpose of this chapter is to offer an introduction on the role of the Court of Justice and its effect on the development of trade mark law in Europe.
Relative Grounds
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

This chapter considers the case law of the Court of Justice on conflicts with earlier rights at the time of application. They are resolved by Article 4 of the Harmonisation Directive and Article 8 of the Community Trade Mark Regulation.
General Provisions
Authors: van Zwieten Kristin , Ringe Georg , Snowden Richard , Garcimartin Francisco Javier , Virgos Miguel
Published: March 2021

Where the proceedings referred to in this paragraph may be commenced in situations where there is only a likelihood of insolvency, their purpose shall be to avoid the debtor’s insolvency or the cessation of the debtor’s business activities.
Secondary Insolvency Proceedings
Authors: Mangano Renato , Wessels Bob , Dammann Reinhard
Published: March 2021

Where main insolvency proceedings have been opened by a court of a Member State and recognised in another Member State, a court of that other Member State which has jurisdiction pursuant to Article 3(2) may open secondary insolvency proceedings in accordance with the provisions set out in this Chapter. Where the main insolvency proceedings required that the debtor be insolvent, the debtor’s insolvency shall not be re-examined in the Member State in which secondary insolvency proceedings may be opened. The effects of secondary insolvency proceedings shall be restricted to the assets of the debtor situated within the territory of the Member State in which those proceedings have been opened.
Australia
Authors: Walker Ian
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.
Brazil
Authors: Munhoz Eduardo Secchi
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.
China: Hong Kong Special Administrative Region, People’s Republic of China
Authors: Marsden John
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.
Italy and EU Considerations
Authors: Mazzoni Alberto , Bazzani Matteo
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 authors bear no responsibility for any errors or omissions contained therein.
Directed Trusts and Delegated Trusts
Authors: Panico Paolo
Published: March 2021

This chapter deals with the situations where some trust functions are not exclusively exercised by the trustees. The reasons for this may lie in the complexity of present-day trust administration, which may require specialized skills not always possessed even by professional trustees. A typical example is investment management, either in relation to a financial portfolio or to a family business operating in an industrial environment unfamiliar to the trustees. In these cases, and sometimes also in relation to the exercise of dispositive powers, a settlor may require the involvement of a person who is not suitable or willing to be appointed as trustee but is trusted to perform certain functions. Alternatively, such person may be one of the trustees with specific powers to carry out some of the trust functions with no interference by the other trustees.
Non-charitable Purpose Trusts
Authors: Panico Paolo
Published: March 2021

This chapter deals with non-charitable purpose trusts. Trusts with no ascertained or ascertainable beneficiaries are void for ‘uncertainty of object’ under the English tradition but have been enacted under the legislation of a vast majority of trust jurisdictions.
Quistclose Trusts
Authors: Panico Paolo
Published: March 2021

This chapter deals with a special type of trust, usually referred to as Quistclose trust after the House of Lords decision in Barclays Bank Ltd v Quistclose Investments Ltd. Unlike the majority of trusts discussed in this book, a Quistclose trust is not an express trust created by a settlement of property wth the intention to benefit certain objects. It is an implied trust, where the trust relationship is recognized by a court based on the facts and the intention of the concerned parties.
Duty to Exercise Independent Judgment
Authors: Martin Haywood
Published: March 2021

The 2006 Act, s 173(1) codifies the established principle of law under which directors must exercise their powers independently, without subordinating their powers to the will of others, whether by delegation or otherwise (unless authorized by or under the constitution to do so).
Decision-Making By Members
Authors: Thornley Hannah
Published: March 2021

This chapter describes the ways in which members make decisions for a company and the procedures for obtaining their decisions. The members of the company are the subscribers and any other person who agrees to become a member, by allotment or transfer, and whose name is entered on the register of members. The company is required to keep a register of members, which the court has power to rectify. Alternatively, the company will in due course be able to opt to keep information on a central register in order to avoid the need for a register of members.
Cross-Border Issues
Authors: Mallon Christopher , Waisman Shai Y , Schrock Ray C
Published: March 2021

Our insolvency laws and procedures are not fully congruent and do not need to be. But they do need to be compatible for the good of all stakeholders and market participants. We need a more established and predictable way to harmonise our respective regimes when dealing with an insolvent group of companies. This is especially important in the financial sector. We should not have to make up a new protocol each time we confront a corporate group that…affects other parts of the world.
Translation arrangements for the European patent with unitary effect
Authors: Keussen Christoph
Published: March 2021

As a general rule, no further translations are required after the patent specification has been published pursuant to Art 14(6) EPC. Pursuant to Art 14(6) EPC, the specification of an EP is published in the language of proceedings. It also includes a translation of the claims into the other two official languages of the EPO.
Definitions
Authors: Tilmann Winfried
Published: March 2021

Art 2 UPCA contains the definitions necessary for the Agreement, which are self-explanatory. of particular importance when it comes to understanding the provisions of the Agreement is the definition in lit g according to which ‘patent’ is an expression referring to a European patent and/or a European patent with unitary effect. Only the ‘and’ is legally correct: an Article referring to a ‘patent’ refers both to a European patent with unitary effect and a European patent without unitary effect. The ‘or’ applies from the perspective of the patent in question: the Article concerned is applicable regardless of whether it is a European patent with unitary effect ‘or’ a European patent without unitary effect.
Rules of Procedure
Authors: Tilmann Winfried
Published: March 2021

The first clause of para 1 confines itself simply to defining the subject matter of the Rules of Procedure as laying down the details of the proceedings before the Court. This description is accurate since the Agreement itself (Arts 42–82) already contains procedural rules, as does the Statute (Arts 35–38). As a result, it really is the case that only the ‘details’ are left for the Rules of Procedure, albeit numerous details as shown by the large number of Rules.
Article 55 Reversal of burden of proof
Authors: Dorn Stephan
Published: March 2021

Art 55 UPCA implements Art 34 TRIPs. The rule on the burden of proof contained in Art 54 UPCA would have the effect that the owner of a patent for a procedure (procedural patent) must assert and prove the use of the procedure carried out by the alleged infringer. This would, in many cases, cause great difficulty for the patentee since he may not be able at all or only with a tremendous amount of effort to validly draw a conclusion of the procedure used in production. This applies especially to chemical and pharmaceutical production processes protected by a patent. For those cases, Art 55(1) UPCA provides for a reversal of proof. Each identical product, in the absence of proof to the contrary, will be deemed to have been obtained by the patented process. The reversal of proof exclusively relates to the procedure which was used in the production of the product. In other respects, the burden of proof, according to Art 54 UPCA, remains unchanged. Therefore, also under Art 55(1) UPCA, the patent owner must prove that his product is new and that the accused product is identical to that new product.
Provisional and protective measures
Authors: Tilmann Winfried
Published: March 2021

The Court may, by way of order, grant injunctions against an alleged infringer or against an intermediary whose services are used by the alleged infringer, intended to prevent any imminent infringement, to prohibit, on a provisional basis and subject, where appropriate, to a recurring penalty payment, the continuation of the alleged infringement or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder.
Article 77 Formal Requirements
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Decisions and orders of the Court shall be reasoned and shall be given in writing in accordance with the Rules of Procedure.
Oath
Authors: Tochtermann Peter
Published: March 2021

Before taking up their duties judges shall, in open Court, take an oath to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
Panels
Authors: Tochtermann Peter
Published: March 2021

The presiding judge of the panel will be determined by the Presidium of the Court. Where no such determination has taken place, and unless otherwise agreed by the panel, the most senior judge shall be the presiding judge (Rule 341.4 UPCARoP). The presiding judge of a panel at the Court of Appeal fulfils the same functions as a presiding judge of a panel at the Court of First Instance.
Duties of the Registrar
Authors: Tochtermann Peter
Published: March 2021

The Registrar supports both Presidents in carrying out their duties of office (para 1). He also supports the judges in the organization of cases to be decided by the judges and leads the activities of the Registry which resides at the seat of the Court of Appeal as well as the activities of the sub-registries at the divisions of the Court of First Instance (Art 10(1) and (2) UPCA, Art 25(3) UPC Statute). He also supervises the staff of the Court (Art 16(1) UPC Statute). The Registrar is responsible to the President of the Court of Appeal.
Sub-registries and Deputy-Registrar
Authors: Tochtermann Peter
Published: March 2021

As with the Registrar, the Deputy-Registrar is appointed by the Presidium for a term of six years. For removal and appointment, → Art 22, mn 3 ff UPC Statute. He is responsible for the organization and activities of sub-registries at the divisions, keeps records of all cases before the Court of First Instance, and notifies the Registry of every case before the Court of First Instance.
Questions referred to the Court of Justice of the European Union
Authors: Tochtermann Peter
Published: March 2021

A referral for a preliminary ruling according to Art 21 UPCA and Art 267 TFEU is of the utmost importance to the UPC (→ Art 21 UPCA) as the UPC is a common court of the CMSs and is therefore bound by Union law in the same way as every national court of the CMSs. Thus, the UPC has to refer questions concerning the proper construction of Union law to the CJEU.
Rule 29A: Contents of the Defence to the Counterclaim
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 29A UPCARoP was inserted into the Rules of Procedure only in the 15th draft version. The content was originally set out in Rule 29 but was then restated as a separate Rule. This serves to ensure the clarity and systematic structure of the Rules of Procedure which contain very detailed requirements in separate Rules as to the content of most written pleadings in the infringement proceedings. Rule 29A is the counterpart to Rule 25.1 and defines the necessary content of the Defence to the Counterclaim for revocation. In Rule 50, which prescribes the necessary content of the Defence to the revocation action, reference is made to Rule 29A in its entirety.
Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

Rule 32 relates to the Defence to the Application to amend the patent (→ Rule 30 UPCARoP) and to the following written proceedings. The Defence to the Application to amend the patent must be lodged at the Court within two months of service of an Application to amend the claims. This time limit may be extended pursuant to Rule 9.3(a).
Exchange of written pleadings (revocation action)
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

Rule 43 UPCARoP sets out, in the form of a summary and overview, the written procedure of the revocation action. Provisions for the interim procedure are found in Chapter 2 (Rules 101–110). Provisions for the oral procedure are found in Chapter 3 (Rules 111–119).
Rule 60: Value-based fee for the dispute including the Counterclaim for infringement
Authors: Plassmann Clemens
Published: March 2021

Rule 60 defines the procedure for determining the case value of the case consisting of a revocation claim and an infringement counterclaim and provides that the defendant must pay a value-based fee in addition to the fixed fee pursuant to Rules 53 and 370.2(a) where the case value is higher than €500,000. Rule 60 is very similar to Rule 22 providing the same for the infringement action. Therefore, refer to the comments on Rule 22 UPCARoP.
Rule 61: Declaration of non-infringement
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

A possible defendant can defend himself before a claimant has commenced an infringement action by an action for a declaration of non-infringement. With that action, the claimant in the action for a declaration of non-infringement is denying the existence of a claim against him based on an infringement of the patent. Where he has a justifiable reason for doing so, he may also request a declaration that the patent proprietor or a licensee cannot raise an infringement claim against another person (ie against customers). In order to include this variant, para 1 has to be applied extensively.
Rule 65: Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

Pursuant to Rule 16.1 UPCARoP, the Registry first examines whether there is an opt-out for the patent in suit. If the patent proprietor declared an opt-out, the Registry immediately informs the claimant who must then change or withdraw the action. Pursuant to Rule 16.2, the Registry then checks whether the Statement of claim is formally complete. If there are any deficiencies, the Registry requests the claimant to correct the Statement of claim. The Registry must inform the claimant that a decision by default (Rule 355) is possible. If the claimant does not correct the deficiencies within 14 days or does not pay the fee for the action within said 14 days, the judge rapporteur dismisses the action by default (Rule 16.4). The claimant may, however, appeal the decision by default pursuant to Rule 356.
Rule 89: Examination as to formal requirements (ex parte proceedings)
Authors: Kuczera Markus
Published: March 2021

If the Registry concludes, in accordance with Rule 17.3(a) and/or (c), that the claimant filed the action with a section (which below will also include the seat) which is not competent pursuant to Art 7(2) UPCA and Annex II thereto, the Registry will ensure that the action will be conducted before the competent panel.
Rule 102 Referral to the panel
Authors: Tochtermann Peter
Published: March 2021

The judge rapporteur may refer any matter he must handle in the interim procedure to his panel pursuant to para 1. This offers an opportunity to discuss with all members of the panel matters of fundamental interest or disputed procedural questions concerning the case management of the Court. Alternatively, the judge rapporteur can furnish the panel with a draft decision for further discussion (Rule 331.2).
Rule 103 Preparation for the interim conference
Authors: Tochtermann Peter
Published: March 2021

Rule 103 UPCARoP contains—contrary to the title of the provision—a non-exhaustive list of orders the judge rapporteur can make not only for the preparation of the interim conference but in general when fulfilling the tasks mandated to him by the panel.
Rule 110 Closure of the interim procedure
Authors: Tochtermann Peter
Published: March 2021

Pursuant to para 1, the judge rapporteur will close the interim procedure as soon as the case is adequately prepared for the oral hearing. This is the case if the parties have clarified their requests and their legal arguments in support of those requests are set out clearly. At that point, the parties will have had the possibility of presenting their evidence and applying for orders to communicate information or produce evidence pursuant to Rules 190 and 191 UPCARoP and Arts 59 and 60 UPCA or indicating their means of evidence when facts have been contested by the opposing party (Rules 171 and 172).
Rule 125 Separate proceedings for determining the amount of damages ordered
Authors: Steininger Steffen
Published: March 2021

In the German courts, for example, there is a general tendency to determine the amount of damages and compensation claims in subsequent proceedings. Therefore, a decision on an Application for the determination of damages is given in the final award jointly with the other claims raised in the infringement proceedings. This provides the practical advantage for the claimant of receiving an injunction faster. Judicial practice in Germany and Europe further shows that after a finding of infringement many disputes on the determination of the damages are settled out of court. Subsequent proceedings to determine damages are, therefore, only brought in rare cases.
Rule 136 Stay of the Application for a determination of damages
Authors: Steininger Steffen
Published: March 2021

The Court may stay the Application for a determination of damages pending any appeal on the merits pursuant to Rule 295(g) on a reasoned request by the unsuccessful party. The applicant shall be given the opportunity to be heard. If the Court continues the proceedings on the Application it may order the applicant to render a security according to Rule 352.
Security for costs of a party
Authors: Plassmann Clemens
Published: March 2021

At any time during proceedings, following a reasoned request by one party, the Court may order the other party to provide, within a specified time period, adequate security for the legal costs and other expenses incurred and/or to be incurred by the requesting party, which the other party may be liable to bear. Where the Court decides to order such security, it shall decide whether it is appropriate to order the security by deposit or bank guarantee.
Evidence
Authors: Ahrens Hans-Jürgen
Published: March 2021

According to Art 41(1) UPCA, the Rules of Procedure have to comply with the Agreement and the Statute. That forms an interpretation clause. In the event of a conflict, the provisions of the Agreement and/or the Statute shall prevail (Rule 1.1 UPCARoP).
Duties of witnesses
Authors: Ahrens Hans-Jürgen
Published: March 2021

Without prejudice to paragraph 3, if a witness who has been duly summoned fails to appear before the Court or refuses to give evidence or to make the declaration referred to in Rule 178.1, the Court may impose upon him a pecuniary sanction not exceeding [EUR 50.000] and may order that a further summons be served at the witness’s own expense. The Court may send a letter rogatory to the competent national court pursuant to Rule 202.
Rule 207 Protective letter
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

A protective letter is a written defence against a later application for provisional measures. It is submitted by the future defendant and is an equivalent for the defendant, whose options to defend himself in the procedure for provisional measures are substantially curtailed if: (1) pursuant to Art 62(5) in connection with Art 60(5) UPCA, the Court can order provisional measures without a prior hearing of the defendant, if particular urgency justifies such procedure; and (2) the Court, for ordering provisional measures, needs only a sufficient degree of certainty (a) that the applicant is entitled to commence proceedings, (b) that the patent in question is valid, and (c) that the right of the applicant is being infringed (Rule 211.2). Therefore, the applicant need not prove the relevant facts to their fullest extent but to the full conviction of the Court. This puts the applicant in a strong position.
Rule 223 Application for suspensive effect
Authors: Büttner Tilmann
Published: March 2021

Unlike the German system of civil procedure, the—only admissible—legal remedy in the new European patent litigation system, ie the appeal, does not prevent the enforcement and execution of the decision appealed. In that sense, the legal remedy has the effect of lifting the case into another instance but does not have the effect of staying the enforceability of the decision. Any suspensive effect needs to be applied for and ordered by the Court of Appeal.
Rule 241 Conduct of the oral hearing for an appeal of a cost decision
Authors: Büttner Tilmann
Published: March 2021

If an appeal exclusively concerns a cost decision of first instance, the appeal proceedings are conducted in a simplified manner.
Rule 246 Contents of the Application for rehearing
Authors: Dorn Stephan
Published: March 2021

Rule 246 UPCARoP defines the formal (para 1) and substantive (para 2) requirements for an application for rehearing. The Registry checks the compliance of the application with the requirements immediately after the application has been lodged (Rule 253.1). Amendment of any deficiencies is possible within a time period of 14 days beginning with notification of that information by the Registry on the deficiencies. If the deficiencies are not amended, the standing judge will reject the application as inadmissible (→ Rule 253.2 subpara 2 UPCARoP).
Rule 278 Service of written pleadings and other documents
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Pleadings and other documents pursuant to para 1 cover all written declarations including documents of evidence which are not Statement of claims or other documents relevant in the proceedings which are to be served on another party. This includes: a Statement of defence pursuant to Rule 24.1 (including a possible Statement of counterclaim) and further admitted pleadings in the main proceedings; an application for the determination of damages pursuant to Rule 138; a protective letter (Rule 207.7), a Statement of appeal (Rule 225), as well as a Statement of response to the appeal (Rule 236). The service requirements are not applicable where ex parte proceedings have commenced (→ eg Rules 85 ff UPCARoP).
Privileges, immunities and facilities
Authors: Tilmann Winfried
Published: March 2021

Immunity in respect of words spoken or written, means indemnification from liability under rules governing tort in criminal and civil law, particularly protection against defamation. Such indemnification relates only to statements in connection with the subject matter of the UPC proceedings and the parties to such proceedings. For any statements made outside that sphere, the legal rules governing the tort of defamatory statements apply without restriction. Within this sphere of protection, it does not matter whether or not the statement was necessary.
Duration and effects of a stay of proceedings
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

Pursuant to para 1, a stay of proceedings will take effect on the date indicated in the order to stay or, in the absence of such an indication, on the date of that order. Therefore, it is subject to the discretion of the Court to determine on what date the stay of proceedings will take effect. This is true for orders to stay which are themselves subject to the discretion of the Court (→ Rule 295 UPCARoP).
Invitation to intervene
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

Rules 316 and Rule 316A contain different forms of inviting a third party to intervene in proceedings before the UPC: an ordinary invitation to intervene with the subsequent intervention of the third party pursuant to Rule 316 and a qualified invitation to intervene where the intervention effect, subject to the requirements of Rule 316A, takes place with or without an intervention by the third party (forced intervention).
Re-establishment of rights
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

The Rules of Procedure do not contain strict rules on preclusion for late submissions or procedural acts after a time limit has expired. Pursuant to Rule 9.2, the Court may disregard any step, effect, evidence, or argument which a party has not taken or submitted in accordance within the time limit set by the Court or by the Rules of Procedure. Admitting late submissions is subject to the discretion of the Court (→ Rule 9 UPCARoP, exception: Rules 30.1 and 30.2 on preclusion of late applications to amend a patent). Moreover, a failure to observe a time limit does not necessarily cause a party to lose a right or means of redress. Pursuant to Rule 9.3, all time limits may be extended retroactively with the exception of Rule 198.1 (time limit for starting an action after an order to preserve evidence has been given), Rule 213.1 (time limit for starting an action after provisional measures), and Rule 224.1 (time limit for an appeal).
General principles of case management
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 332 UPCARoP clarifies the concept of active case management as assigned to the Court, or more precisely to the judge rapporteur or the presiding judge, by Art 43 UPCA and Rule 331 UPCARoP, thus giving substance to the judicial duty to direct and promote the proceedings. The provision provides for principles on which active case management must be oriented. The basic consideration underlying any case management measure is the efficient, accelerated, and cost-efficient conduct of the proceedings to ensure that the aim as described in the Preamble is achieved, ie the proceedings are brought to a conclusion, if possible, within one year.
Connection Joinder
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 340 above all serves the purpose of procedural economy. The provision makes express mention of the proper administration of justice as well as the avoidance of inconsistent decisions as its purposes. In this regard, the expression ‘in the interests of the proper administration of justice’ refers to procedural economy alone and allows for the consideration of all interests specifically existing in the individual case. Rule 340 allows for the joinder of actions that are related in order to prevent the subject matter of a dispute from being split artificially, thus enabling a single hearing and decision. The joinder of cases is a case management order for which special competences apply. The Registry supports the Court in identifying similar actions (→ Rule 260.2 UPCARoP).
Order in which actions are to be dealt with
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 343 provides a rule for the order in which the actions are dealt with and also provides exceptions to this general rule. The provision supports the implementation of the principles of proportionality, flexibility, fairness, and equity as laid down in para 2 of the Preamble to the Rules of Procedure. These principles must be taken into account for case management pursuant to Recital 7 Preamble to the Rules of Procedure. This also applies to the determination of the order in which actions are to be dealt with. Deviations from the stipulated order after the actions are ready for hearing can be ordered by the presiding judge of the panel.
Orders dismissing manifestly inadmissible claims
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 363 UPCARoP applies to all measures pursuant to Rules 360, 361, and 362 and clarifies that all these measures are given by way of order. Furthermore, para 2 of the provision permits an appeal against these decisions.
Court fees
Authors: Tilmann Winfried
Published: March 2021

The attached proposal on Court Fees and recoverable costs provides a delicate balance of Member States’ views, comments made in responses to the consultation over the summer and recommendations from the UPC Expert Panel. The proposal must still be subject to legal checking.
Appeal
Authors: Gundt Miriam
Published: March 2021

An order wholly or partly refusing or withdrawing legal aid may be appealed to the Court of Appeal. The appeal shall be filed with the Court of Appeal within a period of one month after receiving the order. The Court of Appeal may grant legal aid for the conduct of the appeal pursuant to the provisions of Rules 377 to 379.
The Nature of Proprietary Interests
Authors: Calnan Richard
Published: March 2021

This chapter discusses the distinction between personal and proprietary rights, and why it is important where third parties are involved or there is an insolvency. It explains the difficulty of drawing the distinction between personal and proprietary rights in certain cases, including leases of goods, licences of land, and charterparties of ships. It considers the various types of proprietary interest—including legal and equitable interests; land, goods and intangibles; and outright and secured transactions. It explains the remedies available to enforce proprietary rights at common law (such as conversion) and in equity (including knowing receipt and dishonest assistance). The importance of the distinctions between personal and proprietary rights, in different types of proprietary interests, and between remedies under common law and equity are discussed.
Principles for Cross-Border Financial Institution Insolvencies
Authors: Moss QC Gabriel , Wessels Bob , Haentjens Matthias
Published: March 2021

In general it is recognized in insolvency literature that several principles or underlying rules apply in international insolvency cases. For a better understanding we briefly mention the most important ones, based on the description of these principles in the context of cross-border insolvency of banks by Devos.
Article 28 TFEU
Authors: Klamert Marcus , Lewis Alexandre-Xavier-Pierre
Published: March 2021

Article 23 EC The Union shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries.
Article 37 TFEU
Authors: Klamert Marcus , Moustakali Maria , Tomkin Jonathan
Published: March 2021

Article 31 EC Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
Article 43 TFEU
Authors: Bouquet André , Erlbacher Friedrich , Lewis Alexandre-Xavier-Pierre
Published: March 2021

Article 37 EC The Commission shall submit proposals for working out and implementing the common agricultural policy, including the replacement of the national organisations by one of the forms of common organisation provided for in Article 40(1), and for implementing the measures specified in this Title.
Article 53 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 47 EC In order to make it easier for persons to take up and pursue activities as self-employed persons, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.
Article 78 TFEU
Authors: Wilderspin Michael
Published: March 2021

The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third country national requesting international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties.
Article 14 TEU
Authors: Loewenthal Paul-John
Published: March 2021

The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
Article 98 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 78 EC The provisions of this Title shall not form an obstacle to the application of measures taken in the Federal Republic of Germany to the extent that such measures are required in order to compensate for the economic disadvantages caused by the division of Germany to the economy of certain areas of the Federal Republic affected by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this Article.
Article 104 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 84 EC Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.