 |
|
 |
|
 |
|
 |
|
 |
|
|
|
 |
 |
|
|
 |
|
|
|
 |
|
|
|
| ELSA GLSE |
 |
|
|
| ELSA SPEL |
 |
|
|
| Synergy |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
Corporate Partner: 
Auditing Partner:  Human Rights Partner: |
|
  |
 |
|
|
||||||||
|
 |
||||||||
|
ELSA Selected Papers on European Law 2002 (1) Utility Models in the European Union by Ozge Akin Ozge Akin is a member of ELSA Ankara in Turkey. Following her graduation from the Law Faculty of Ankara University in 1998, she has completed an LLM course in International and European Trade Law at Leicester University in the United Kingdom in 2000. She is recently working as an attorney-at-law at the legal department of the Ankara office of Arthur Andersen and her specialisation is competition law and intellectual property law. (ozgeakin@yahoo.com) Summary of Article: The Amended Proposal for a Directive approximating the legal arrangements for the protection of inventions by utility model (hereinafter referred to as "Proposal") has introduced a baby patent. Although there is no definition under the international agreements therefore, a utility model is a cheap, registered industrial property right with a short duration, conferring an exclusive right for technical inventions that must be new and involve an inventive step. 12 Member States have adopted a utility model system and they may be grouped in three: Patent prototype, which requires the same criteria as required for the patents; three-dimensional prototype, which is limited to objects embodied on three-dimensional form and the German prototype, which protects minor inventions (without requiring three-dimension form) by lowering the standard of inventive step. The first reason to introduce a directive is the Commission's policy to remove the dissimilarities in practice with respect to intellectual property rights. The aim should be to do away with all differences that constitute obstacles to the free movement of goods. By harmonisation, the utility models would also have a beneficial effect for the SMEs. This directive will both eliminate divergences and force the UK, Sweden and Luxembourg to introduce utility model laws. The countries will continue to have national utility models. The Proposal has mainly adopted the German prototype. As regards the subject matter, three-dimensional form is not accepted. Remarkable difference from German prototype is the protection of process inventions and computer programs. The term of protection is six years to be renewable for up to a maximum of ten years. The Proposal may be favoured for removing the divergences, the provision of a non-examination procedure, the wide scope of subject-matter, permitting dual application, requiring absolute novelty, removing the concept of three-dimensionality. On the other hand, it can be criticized for its definition of inventive step and introducing an expensive right.  Download this article |
||||||||
|
 |
||||||||
|
|
Internet Corporation for Assigned Names and Numbers by Sabine Fercher Sabine Fercher is a third year law student at the University of Berne. She spent her second year at Chicago Kent College of Law where she wrote this paper on ICANN. (sfercher@kentlaw.edu) Summary of Article: The Internet Corporation for Assigned Names and Numbers (hereinafter ICANN) is a not-for profit organization in charge of the Domain Name System (hereinafter DNS) as well as other more technical issues related to the Internet. This paper will focus on the overall structure of ICANN and consider whether this corporation serves the purposes and principles set for its role concerning the DNS. Download this article |
||||||||
|
|
||||||||
|
|
Recent Developments of European Community Law (First Half of 2002) by Academy of European Law (www.era.int) Download this article |
||||||||
|
The preferred method of citing ELSA SPEL is Elizabeth Spelman, 'Free Trade and Environmental Protection; Conflicting Aims of the World Trade Organisation?', ELSA SPEL 2002 (1). |
||||||||
Back to other articles of this issue |
|||||||||
|
|
||||||||
|
|
||||||||