Inter Partes Proceedings and the Reform of the Community Trade Mark Implementing Regulation

Legal and practical context. Commission Regulation 1041/2005of 29 June 2005, which amends the Community Trade Mark ImplementingRegulation, entered into force on 25 July 2005. Substantialamendments are brought to inter partes proceedings, that isoppositions and applications in revocation or in invalidity,and appeal procedures. Key points. The rules governing the substantiation of the earlierrights and time limits are now stricter. Also, the new regimeaims at circumscribing the consequences of the rather broadinterpretation which the Court of First Instance gave over thelast two years to the notion of functional continuity betweenthe opposition division and the Boards of Appeal. Practical significance. The authors analyse the new provisionscontained in the Community Trade Mark Implementing Regulationin the light of the latest case law of the Court of First Instance,in order to provide practitioners with a simplified guide.     

SUBSTITUTING COMPLEMENTS

The presence of multiple sellers in the provision of (nonsubstitutable)complementary goods leads to outcomes that are worse than thosegenerated by a monopoly (with a vertically integrated productionof complements), a problem known in the economic literatureas complementary oligopoly and recently popularized in the legalliterature as the tragedy of the anticommons. We ask the followingquestion: how many substitutes for each complement are necessaryto render the presence of multiple sellers preferable to a monopoly?Highlighting the asymmetries between Cournot (quantity) andBertrand (price) competition and their dual models, we showthat the results crucially depend on whether firms compete bycontrolling price or quantity. Two substitutes per componentare sufficient when firms choose price. However, when firmschoose quantity, the availability of substitutes, regardlessof their number, is ineffective. Considering more complex casesof multi-complementarity, we ask the related question of howmany complements need to be substitutable and offer commentson equilibrium prices and quantities under different scenarios.     

The enabling role of institutional entrepreneurs in the adoption of IPSAS within a transitional economy: The case of Estonia

In the light of neoinstitutional theory and by adopting case study research methodology, this article explains the adoption of International Public Sector Accounting Standards for modernizing public sector accounting in Estonia. This article reveals that the smooth—yet gradual—adoption of International Public Sector Accounting Standards‐compliant accounting systems was enabled by the involvement of powerful actors (i.e., institutional entrepreneurs) with foreign and/or business backgrounds. In addition, the change in public sector accounting in Estonia was facilitated by the developments in its international positioning, characterized by the transition from a Soviet communist to a market economy and subsequent European Union membership and by the absence of past accounting practices, which could potentially hinder the change.     

Innovative activities and investment decision: evidence from European firms

The Journal of Technology Transfer - This paper investigates the role of innovative activity and other micro determinants, on firms’ investment behaviour. The empirical analysis is based on a...     

Observations on dental structures when placed in contact with acids: experimental studies to aid identification processes

In a "mafia" crime case, a magistrate asked us whether it is possible to destroy a cadaver by immersing it in acids, and would it be possible to identify any residues. The aim of this study was to observe the behavior of teeth exposed to four kinds of acid solutions. The teeth were placed in plastic containers with 25 mL of acid and observed. The experiences showed that teeth are completely dissolved after 14 h of immersion in 37% solution of hydrochloric acid, while at 90h in 96% sulfuric acid, the destruction of the samples is still incomplete. In nitric acid the teeth undergo a complete dissolution in 12 h, and in 17 h in aqua regia (chloroazotic acid-hydrochloric/nitric acid 1:3). It was possible to recognize the characteristic morphological features of dental tissues and structures up until the advanced stages of degradation.     

The effect of exposure to the elements on the forensic characterization by infrared spectroscopy of poly(ethylene terephthalate) fibers

Validation of a recently proposed differentiation method for single poly (ethylene terephthalate) (PET) fibers, based on integration of IR absorption bands, is presented. IR microscopy in the transmission mode, differential scanning calorimetry and optical microscopy were employed. The reliability of the technique has been extended to the cases in which the fibers being compared have experienced long exposure to the elements, as may happen if these items are recovered from open-air crime scenes. The effect of immersion in water and irradiation by the sun for a three-month period have been considered. The fibers remained morphologically and structurally unaltered. The significance of comparisons between fibers kept in different environments is thus enhanced, because the detrimental effect of the elements can be ruled out. This further validation of the proposed technique contributes to render the data presented by the forensic scientist less vulnerable to context effect and bias.     

Mediation in Italy: Exploring the Contradictions

This article sets Italy in the context of three primary approaches to promoting mediation use in Europe: cultural, pragmatic, and legalistic. Despite the fact that Italy could be considered a "front-runner" in the latter category, the actual number of cases going to mediation to date has remained low. Drawing on both data from a recent CPR European Committee survey and aspects of the broader Italian legal and social context, this article explores reasons for this apparent contradiction and concludes by suggesting general principles that can be extrapolated from the Italian experience.