Traduction de «Assist claim examiners » (Anglais → Français) :

In that regard, in so far as it refers to the findings of the administrative investigation report, which was completed after the implied decision rejecting the request for assistance took effect and in which the claims of the official concerned were examined in detail, the final decision of the appointing authority must be regarded not as a decision that merely confirms the implied decision but as a decision that replaces the latter decision following a review of the situation by the administration.

Improving the quality of decisions by "frontloading" will also substantially facilitate both objectives identified above. Objective (a), as "frontloading" will assist in the quick and correct filtering of persons in need of protection, as well as objective (b), in the sense that only those persons should be removed who, after their claim for asylum has been correctly examined, were found to be not in need of international protection.

Improving the quality of decisions by "frontloading" will also substantially facilitate both objectives identified above. Objective (a), as "frontloading" will assist in the quick and correct filtering of persons in need of protection, as well as objective (b), in the sense that only those persons should be removed who, after their claim for asylum has been correctly examined, were found to be not in need of international protection.

The ESC recommends: - a further preventative analysis of protection systems complementary to the patent, to be described as "utility models" (UM), together with a more complete integration of available assessment data; special regard to be paid in this connection to weaknesses in the EU patent system, which is still seriously incomplete and disparate compared to its main competitors, the USA and Japan; - a guarantee, in the event of proposals for harmonization, not only of measures for the harmonization of substantive laws, but also of procedures and timescales for obtaining and enforcing UMs, together with the introduction of a cheap, quick and easy (especially for SMEs) assessment and enforcement method which excludes substances and pro ...[+++]cesses from eligibility for protection; - a guarantee of eligibility for UMs for innovations which satisfy the following requirements: a) "absolute novelty"; b) "possibility of application in the industrial field"; c) "inventive step" (Art. 56 of the Convention on the European Patent) or which have a practical industrial advantage over the previous state of the art; the scope of protection should emerge from a limited number of "claims" and the search for earlier "state of the art" should be optional in general, and compulsory for those wishing to enforce UM rights vis-à-vis a third party; - investigation into the feasibility of active assistance and advice in respect of national UM deposit and registration procedures being provided for firms - particularly SMEs - by a central Community or European agency; and investigation of the scope for application of computer digital language to the European patent system; - deferral of any measures for mutual recognition until substantive and interpretative harmonization has taken place; a feasibility study on creation of a Community UM covering the whole of Europe could be carried out, but only after a thorough examination to check that harmonization and mutual recognition measures ...