Daniel Couzinet: Die Zulässigkeit von Immissionen im anlagenbezogenen Immissionsschutzrecht

Ohne Zusammenfassung     

Dr. Stefan Schäfer/Peter Vanvolxem: Landeswaldgesetz (LWaldG) Rheinland-Pfalz

Ohne Zusammenfassung     

EVALUATING EMPLOYMENT AND TRAINING PROGRAMS: SOME THOUGHTS ON THE LESSONS LEARNED

Much energy has been devoted to the evaluation of employment and training programs. Both of these evaluations have often been disappointing both to supporters of the programs and the evaluators themselves. At least in part, the reason for this is that many of the evaluations that have been done have not been carried out very effectively. Guidelines which policymakers should keep in mind in the course of initiating evaluations of employment and training programs are presented. Useful insights in this regard can be obtained by examining evaluation activity in other areas of social policy such as education.     

Saint Gobain patron of pharmaceutical patentees?

In recent years there has been much complaint from originatingpharmaceutical companies that the test of obviousness appliedin the UK, as evidenced by decisions of the Patent Court onpharmaceutical related patents, is set unfairly low. This isof particular impact where ‘formulation’ type patentsare concerned. That is, typically, those patents that claiman existing active ingredient mixed, formulated, or combinedwith other known components or in a different way. Pharmaceuticalcompanies complain that the vulnerability of such patents againstinvalidity proceedings in the UK fails to protect the considerableinvestment made in the development of these formulations againstgeneric competition. This article looks at whether the reasons for this concern canbe traced to particular sub-tests that have been used by thecourts to try to answer the statutory test for obviousness.In particular, the sub-tests of ‘lying in the road’and ‘obvious to try’ are examined and the questionof whether there has been an imbalance between these two sub-testsis explored. Further, it is argued that the decisions in therecent cases of Saint-Gobain and Angiotech suggest that therehas been a shift in how the Court of Appeal assesses obviousness.This is away from the ‘obvious to try with a reasonableexpectation of success’ standard to one of ‘obviousto try if success is self-evident’. If the Court of Appeal follows the line taken in these two casesthen pharmaceutical patents of the formulations kind shoulda face better prospect of surviving invalidity challenges basedon obviousness in future.     

Understanding management: Henry Mintzberg on the activities of managers

The Nature of Managerial Work, 2^nd edition. By Henry Mintzberg . Engle‐wood Cliffs, N.J.: Prentice‐Hall.