In Person

Paul Jones is with Jones & Co., a multi-lingual law firmin Toronto, Canada. He found time in his busy schedule to respondto questions posed by JIPLP. How did you first become interested in IP? I began as a commercial lawyer doing franchising, which ledto an interest in trade marks. Later I had a small client whowas threatened with litigation     

Adam Liberman

Adam Liberman, one of Australia's leading IP lawyers, is nowGeneral Counsel of CSIRO, Australia's national science agency.Also an established IP author, here he found time to answerquestions put to him by JIPLP. How did you first become interested in IP? Various unrelated strands formed my IP interest. The first waswhen I read Charles     

Laura Azevedo

Laura Azevedo joined Clarke Modet & Co. in Portugal in 1980.She is currently Head of the Trade Marks Department and DeputyGeneral Manager of Clarke Modet & Co. Portugal. How did you first become interested in intellectual property? My interest in IP arose completely by chance. I was in my last year of University and I wanted to start earningmy own pocket money. Living on parental support is complicated,especially when your desires     

In Person

Arnaud Folliard-Monguiral is a lawyer in OHIM's Industrial PropertyLitigation Unit. He is the regular contributor, with David Rogers,of the JIPLP annual Community trade mark case law round up.JIPLP managed to catch up with him for long enough to ask afew questions... How did you first become interested in IP? When I was finishing my law studies in the early 90s, IP wasbeing revolutionized     

Jerome Gilson

Distinguished US lawyer Jerome Gilson has practised trade markand unfair competition law for more than 40 years. He is bestknown in the US and internationally as the original author ofTrademark Protection and Practice (LexisNexis/Matthew Bender),which was renamed Gilson on Trademarks in 2007. How did you first become interested in IP? Five years into general practice, I sent a Time article about     

Frederick Mostert

Frederick Mostert, one-time International Trademark AssociationPresident and author of a leading text on Famous Marks, spearheadsthe branding and trade mark protection activities of luxurygoods house Richemont. Here, he pauses from his hectic lifeto tell us a little about himself. How did you first become interested in IP? As     

Julia Holden

An English solicitor who has practised with Italian law firmTrevisan & Cuonzo since its establishment in 1993, Juliais a member of the INTA Anti-Counterfeiting and EnforcementCommittee and also participates in the Anti-Counterfeiting Group.She is the author of a number of chapters of leading referenceworks dealing with Italian intellectual property law. How did you first become interested in intellectual property? The experience of working for the Performing Right Society,the     

Science Is Golden: Academic R&D and University Patents

Many studies have shown indirect effects of academic research by linking academic research to firm patents. However, since the Bayh-Dole Act, universities are allowed to patent inventions that were funded by federal money and to retain the royalties that these patents generate. As a consequence, universities now are interested in protecting their profitable discoveries, just like any commercial firm doing R&D. In this paper, we apply the econometric techniques traditionally used to estimate the patent production function of firms to data on the patents of American universities. We find that more money spent on academic research leads to more university patents, with elasticities that are similar to those found for commercial firms. In addition, we provide estimates of the effect of establishing a Technology Transfer Office on a university's patent output.     

Disclosure in the EEA securities markets--making sense of the puzzle

The first 150 words of the full text of this article appear below. Key points

• This article looks at the various elements of thedisclosure regimes for issuers that are admitted to EEA-regulatedmarkets, including the initial requirement for the productionof a prospectus on admission and on-going requirements to discloseprice sensitive information as it arises and to make regularreports to the market.
• After a brief analysis of some of thesimilarities and differences between the various regimes, thearticle makes an attempt to reconcile the differences by lookingat each regime in the context of the others and viewing themas a continuum.
• Finally, remaining problems concerning multi-jurisdictionliability for disclosure in the EEA and potential liabilityfor forward-looking disclosure are discussed.

 

Loan only credit default swaps the new European standard form

The first 150 words of the full text of this article appear below. Key points

• European Loan Only Credit Default Swap (‘LCDS’)documentation was published by the International Swaps &Derivatives Association, Inc. in the form of a Standard TermsSupplement and Form of Confirmation for use with Credit DerivativeTransactions on Leveraged Loans on 30 July 2007 (the ‘EuropeanLCDS’).
• This article reviews some of the changes thathave been made since the first circulation of the draft EuropeanLCDS documentation on 2 May 2006 (the ‘Draft LCDS’).
• Acomparison between the Draft LCDS, the current form of the EuropeanLCDS and the US LCDS (defined in the article below) providesan insight into how the development of the European LCDS hasrequired a compromise to be made between the needs and demandsof various market participants and the specifics of the Europeanleveraged loan market (as more fully described in our recentarticle¹) and indicates points of convergence between the . . . [Full Text of this Article]

 

The European Union--law, financial institutions and the banking crisis

The first 150 words of the full text of this article appear below. Key points

• Law created by European Institutions affects businessin all areas, none more so than in the financial sector, asthe recent financial crisis has thrown into sharp relief. Notonly the Directives that shape regulation of financial businesses(outside the scope of this article), but some provisions ofthe Treaty, Directives, Regulations and Decisions affect theability of banks to do business, in their dealings with States,as well as in their dealings with commercial customers and eachother.
• Key in the financial crisis have been the Treaty ruleson State aid: these have affected the ability of States to assistfinancial institutions in difficulty and the manner in whichthey give assistance; the recognition of the global financialcrisis as creating a disturbance in the economy of many MemberStates has been central to the swift approval of rescue aidin accordance with new guidance, while reconstruction . . . [Full Text of this Article]

 

The implementation of the EU Transparency Obligations Directive--a country-by-country analysis

Dr Axel Gehringer Hengeler Mueller Stefano Cuccia Head of Market Supervision, TLX, Milan David Byers McCann FitzGerald, Solicitors, Dublin Henri Wagner and Anne-Marie Thomas Allen & Overy, Luxembourg Petra Zijp and Matthieu van Straaten NautaDutilh NV, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.

The implementation of the EU Prospectus Directive - a country-by-country analysis

Dr. Axel Gehringer HengelerMueller David Byers McCann FitzGerald, Solicitors, Dublin, Ireland Stefano Cuccia Head of Regulation, TLX, Milan Henri Wagner Allen and Overy, Luxembourg Petra Zijp NautaDutilh, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.

Knowledge diffusion from university and public research. A comparison between US,Japan and Europe using patent citations

This paper estimates the process of diffusion and decay of knowledge from university, public laboratories and corporate patents in six countries and tests the differences across countries and across technological fields using data from the European Patent Office. It finds that university and public research patents are more cited relatively to companies’ patents. However these results are mainly driven by the Chemical, Drugs & Medical, and Mechanical fields and US universities. In Europe and Japan, where the great majority of patents from public research come from national agencies, there is no evidence of a superior fertility of university and public laboratory patents vis à vis corporate patents. The distribution of the citation lags shows that knowledge embedded in university and public research patents tends to diffuse more rapidly relative to corporate ones in particular in the US, Germany, France and Japan.

Gillian Davies

How did you first become interested in IP? After being called to the Bar and completing my pupillage inCommon Law Chambers, I decided I wanted to work in an internationallaw context to make use of my language skills in French andSpanish. Completely by chance, I applied for a job as legalassistant at the United International Bureaux for the Protectionof Intellectual Property (the organization which subsequentlybecame WIPO), in     

Philip Grubb

Dr Philip Grubb, the distinguished patent specialist and authorfound time to answer questions put to him by JIPLP. How did you first become interested in IP? In 1971, I was working as a research scientist at the CorporateResearch Laboratory of ICI in Runcorn, looking for alternativesto a lifetime career in research. A job in the small patentdepartment there was advertised internally. I considered thisbut thought ‘patentssounds difficult, you have to study     

Implementation of the Transparency Directive--room for variations across the EEA

The first 150 words of the full text of this article appear below. Key points

• The Transparency Directive, which had to be implementedin the Member States of the European Economic Area (EEA) by20 January 2007, seeks to enhance transparency in European capitalmarkets by setting new minimum standards for periodic reportsand notifications of major holdings of voting rights. New ruleson dissemination and central storage of regulated informationwill also contribute to more transparency and drive harmonizationof disclosure practices in the longer term.
• Due to the minimumharmonization approach of the Transparency Directive, therewill be an array of different super-equivalent measures adoptedby Member States,¹ creating a complex picture across Europeanjurisdictions. The article discusses the types of issues thatnational regulators and legislators considered when implementingthe Transparency Directive into national law by looking at theUK and German examples.
• The article also discusses the consequencesof implementation of the Transparency Directive for non-EEAissuers, both in . . . [Full Text of this Article]

     1. Introduction      2. Overview—Status of EU rules, Member States’ implementation and timing   Status of EU rules Implementation in Member States Timing    3. Periodic financial reporting   Overview of periodic reporting requirements under the Transparency Directive Content of annual reports and half-yearly reports and responsibility statements Content of management reports Standards remain below those for an operating and financial review Major related party transactions subject to high materiality threshold Language regime Implementation in Germany—a variety of super-equivalent measures were successfully opposed by the market Implementation in the United Kingdom—certain super-equivalent provisions were supported by the market Interim management statements—a new form of quarterly reporting with uncertain content? Responsibility and liability    4. Information about major shareholdings   New notification requirements under the Transparency Directive Exemptions The UK example—super-equivalent rules for UK issuers and minimum standards for others The German example—new super-equivalent 3 percent threshold for all issuers    5. Consequences for non-EEA issuers   GAAP equivalence Equivalence with respect to periodic reporting and shareholder notifications    6. Dissemination and storage of regulated information   New EU rules Implementation in the United Kingdom and Germany Central storage—moving towards a European filing system?    7. Transparency and Prospectus Directives as a system of integrated disclosure?      8. Conclusion