*** ALFREDO ILARDI: The New European Patent. Hart Publishing (16C Worcester Place, Oxford OX1 2JW, UK. Tel: (44-1865) 517530 - fax: 510710 - Email: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). 2015, 150 pp. £65. ISBN 978-1-84946-833-6.
Alfredo Ilardi was responsible for editing The World Intellectual Property Organisation anthology of laws and treaties. He scrupulously monitored the steady development of the European patent for unitary effect that formally entered into legislation with the adoption on 17 December 2012 of two regulations (EU 1257/2012 and 1260/2012). A few weeks later the agreement on the creation of a jurisdiction exclusively focusing on this issue came into being. This book was originally published in Italian (Il Nuovo Brevetto Europeo, by Zanichelli in 2013). It seeks to highlight the different facets and stages of this agreement that followed 12 difficult years of negotiations and came into being by way of strengthened cooperation. Only 24 member states decided to adopt the European patent and the stormy historic context in which it came about is a highlight of the book.
The major goal pursued by the author involved tracing the source and development that forms the basis of creating a unitary patent system in the Union in the context of a number of parallel developments that have occurred in the area of innovation protection at international and regional levels. He believes that it was, "the decision to complete the infrastructure for intellectual property in the European Union, after the adoption of common rules on trademarks and industrial models, within an appropriate normative international and regional framework helped see this idea emerge and evolve". He achieves his second objective perfectly and after providing a meticulous examination of the different stages of the negotiations that began in Lisbon on 24 March 2000, only the "historic memory" of the trajectory of the combat he had to endure allows us to appreciate the full impact of the final agreement. Finally, Alfredo Ilardi, seeks to provide his readers with a meticulous examination of the characteristics and substance of these legal instruments, which were also published in the annex.
Therefore, he himself recognises in his conclusions that it is only this mechanism that is being assessed. Nonetheless, he also says that it is now the results of these efforts to introduce harmonisation at a European level that also deserves "unconditional praise" because it is, "a rare case of success at a level of intergovernmental co-operation" during an era that was not exactly propitious to this accomplishment. He believes that it is now quite possible to envisage, "the gradual abandonment of multilateral practices in international relations" and he points out that there has been absolutely nothing positive achieved in this area since the conclusion of the Uruguay Round in 1994. In this context, it is true, we should not underestimate the importance of the European patent, even though certain Union member states did not step up to the plate in this respect.
Pierre Bouvier
*** AGNIESZKA KUPZOK: Enforcement of Patents on Geographically Divisible Inventions. An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-Border Constellations. Peter Lang (1 Moosstrasse, P.O. 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). "Lex et Res Publica / Polish Legal and Political Studies" series, No. 4. 2015, 442 pp. €79.95. ISBN 978-3-631-65557-3.
This book stems from a doctoral thesis defended at the Max Planck Institute for Innovation and Competition at the Ludwig Maximilian University in Munich. It gets right to the heart of the different challenges involved in areas of technological progress, such as innovation on the Internet and the patents system that has prevailed for so long and which is based on the territorial limitation of rights in this field. At a practical level, Agnieszka Kupzok provides an number of precise and comprehensive responses to the question of whether infringement norms planned are appropriate in this era of technical evolution in information and communication technologies. First of all, she looks at the current ramifications involving the respective patents and focuses on the way in which patent rights respond to technological innovations in light of the approaches developed by the German and British courts. She then highlights the challenges that need to be met in order to effectively apply this law at a cross-border level. The second part of the book provides a normative analysis based on the hypothesis that patents law is an economic policy tool that seeks to balance advances in long-term efficiency emanating from support for innovation, with the loss of efficiency in the short term, resulting from the granting of exclusive rights. The last part of the book looks at the implications of this situation on innovation policy in Europe and involves a number of recommendations being formulated that seek to adapt the legal framework in order to rectify the currently unsatisfactory conditions involving the application of patents law to geographically divisible inventions.
(PBo)
*** VERNON VALENTINE PALMER (Editor): The Recovery of Non-Pecuniary Loss in European Contract Law. Cambridge University Press (University Printing House, Shaftesbury Road, Cambridge CB2 8BS, UK. 56 rue Jacob, F-75006 Paris. Tel: (44-1223) 326070 - fax: 315052 - Internet: http://www.cambridge.org ). "The Common Core of European Private Law" series, No. 14. 2015, 459 pp. £100, $160. ISBN 978-1-107-09862
Although they are well-known in the area of damages, moral and immaterial damages still require further emphasis in the area of contracts. Therefore, as indicated by Vernon Valentine Palmer in his preface, they are even banned in some European countries, whilst in others they are only allowed in exceptional cases or by way of specific legislation. In other countries they appear to be allowed but the damages recognised are not exactly generous in the least. Nonetheless, as the editor of this book points out (a professor of law at the University of Tulane), the evidence would suggest that we are witnessing, "a remarkable rise of non-pecuniary damage in European contract law today". This book is based on six years of collective research and is both comprehensive and detailed in the way it analyses this issue. On the one part it goes back to the historic roots and explains the differences and on the other, it highlights the differences and similarities that exist in 12 different European countries (Germany, Austria, Bulgaria, Spain, France, Greece, Italy, Netherlands, Poland, Portugal, the United Kingdom and Sweden). Therefore, for the first time, a picture emerges based on a questionnaire that focuses on 11 hypothetical cases and responses provided by national contributors, as well as the classification of the national systems that exist and the respective liberal, moderate and conservative regimes governing them. A taxonomy of the nonpecuniary losses drawn from jurisprudence at a European level and a subsequent bibliography are also included in this reference book.
(PBo)
*** VIKTÓRIA HARSÁGI, REMCO VAN RHEE (Editors): Multi-Party Redress Mechanisms in Europe: Squeaking mice? Intersentia Ltd (Sheraton House, Castle Park, Cambridge, CB3 0AX, UK. Tel: (32-3) 6801550 - fax: 6587121 - Email: mail@intersentia.be - Internet: http://www.intersentia.com ). "Ius Commune Europaeum" series, No. 133. 2014, 259 pp. 70 €, 66,50 £, 84 $. ISBN 978-1-78068-277-8.
This book provides an account of a conference held just under two years ago at the Faculty of Law at Pázmány Péter Catholic University in Budapest. Although this book is written on a scientific basis, it is no less engaged, as Viktória Harsági admits (Chair of Civil Procedure and Comparative Law and Remco van Rhee (Chair of European Legal History and Comparative Civil Procedure, University of Maastricht) and its 17 authors were not content to simply deal with the mechanisms of collectively recording the events unfolding in this area in Europe. It is a "history of missed opportunities", argue the authors responsible for this anthology and in turn these writers subsequently incriminate all those who are guilty of, "an (overly?) cautious approach to the topic at the European and national levels, a fear of American-style class actions (...) and lobbying against the introduction of such mechanisms by those who might become subject to them as defendant parties”. The objective pursued by the authors is therefore to put forward arguments that can help develop knowledge so that class actions become a reality in Europe. The second part of the book highlights the way in which the different jurisdictions in some countries (Germany, Belgium, France, Hungary, Italy, Netherlands, Poland, Sweden, the United Kingdom and Wales) are beginning to become more open to the possibilities provided by this kind of action, although some of them are less so than others. The first part provides a scoreboard of the situation at a European level, with a detour being made to look at what the real situation is in the US. The director of the Luxembourg Max Planck Institute Professor Bürkhard Hess immediately goes on to the attack by accusing the Commission of being particularly timorous with its draft directive on the Compensation of Cartel Damages and the Recommendation on collective Redress in business. Professor Bándi (European environmental law at the Catholic University of Pázmány Péter) puts this subject in the context of the Aarhus Convention, a domain in which he believes demands formulated on the behalf of the general interest and not on behalf of individual interests could be expressed. Nonetheless access to justice appears to have been going nowhere for the past 10 years, which is why he is hoping somewhat that a role could be played by the European Court of Justice in this respect. A final "European" insight is provided by Professor Uzelac (University of Zagreb), who outlines the weaknesses characterising the legal situation in Croatia and asks whether it is really possible to make progress in an area where class actions are absent and that where they would first of all require "considerable reform of the existing judicial framework" in a number of member states.
(PBo)
*** DAVID MÜLLER: Die Ausschüttungspolitik europäischer Unternehmen, eine empirische Untersuchung. Peter Lang (See address attached). "Schriften zum Controlling, Finanz- und Rusikomanagement" series. 2015, 369 pp. €74.95. ISBN 978-3-631-66190-1.
This book by David Müller tackles the question of shareholder redistribution policy income in companies quoted on the German stock exchange, as well as those in France, the United Kingdom, Italy and Spain. The author provides a theoretical foundation to his demonstration before analysing the general developments in this policy from 1990-2009. He subsequently attempts to explain the increasing importance of repurchasing shares in shareholder redistribution policy, whilst looking at the relationship between share buybacks and the payment of dividends. He also looks at how redistribution policy takes into account the interests of shareholders.
(GLe)
*** EDOUARD-JEAN NAVEZ, YVES DE CORDT (editors): La simplification du droit des sociétés privées dans les Etats membres de l'Union européenne - Simplification of Private Company Law among the EU Member States. Groupe Larcier, Bruylant (Espace Jacqmotte, 139 rue Haute, Loft 6, B-1000 Brussels. Tel: (32-2) 5480713 - fax: 5480714 - Email: commande@larciergroup.com - Internet: http://www.bruylant.be ). "Droit de l'Union européenne" series, No. 9. 2015, 412 pp. €86. ISBN 978-2-8027-4023-0.
In what way has the law governing limited companies been simplified since the beginning of this century and, to be more precise, what has changed since the Centros ruling made by the European Court of Justice in March 1999? It is in reply to this question, that a number of specialists from the academic world attempt to provide their answers in the national reports that focus on the situation in Germany, Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands, Poland, Czech Republic, Romania and the United Kingdom, as well as Switzerland. In his general report, Professor Navez (Catholic University of Leuven) the main commonality emanating from the simplified forms resulting from the influence of the European institutions, as well as the, "competitive dynamic… which encouraged national legislators to reduce costs and timeframes involved in setting up companies". This comparative study also shows how each country has chosen its own ways to introduce simplification, as well as the, "partially unconscious dependency" resulting from local corporate legal history, which explains a fairly high level of heterogeneity and even the renationalisation of the rules stemming from the implemented reforms and the question of contractual autonomy.
(MT)
*** MATTHIAS BICKEL: Die Rechtfertigung von nichtanfechtbaren Subventionen im Welthandelsrecht. Peter Lang (see address attached). "Hallesche Studien zu Wirtschaft und Gesellschaft" series. 2015, 444 pp. €89.95. ISBN 978-3-631-66149-9.
In this book, Matthias Bickel attempts to see whether it would be appropriate to officially reintroduce subsidies unaccompanied by compensatory measures in international commercial law. The rules of this area of law had planned to get rid of these measures from 1 January 2000. Nonetheless the situation that has resulted from this still has a number of problem areas: the only authorised area of subsidies with compensatory measures ultimately creates a lack of clarity at the state level responsible for such subsidies and a certain legal and security. This study subsequently draws on the legal and economic analyses of the subsidies not containing compensatory measures and Matthias Bickel shows how it could be appropriate to re-establish the subsidies but by obviously creating an appropriate legal framework, which is also described in the book. The author's style is clear, precise and elegant, which undoubtedly helps encourage the reader to get to grips with the subject matter and enjoy the reading in the process.
(GLe)