Traduction de «Way carrying out the invention » (Anglais → Français) :

3. By way of derogation from paragraph 2, where the statutory audit is carried out by an audit firm and all the statutory auditors were involved in the carrying-out of the statutory audit, or where the statutory audit is carried out by a statutory auditor and the statutory auditor is not a partner or employee of an audit firm, he, she or it shall arrange for another statutory auditor to perform a review.

1. By way of derogation from Article 21(1), the verifier may decide, subject to the approval by a competent authority in accordance with the second subparagraph of this Article, not to carry out site visits to installations based on the outcome of the risk analysis and after determining that all relevant data can be remotely accessed by the verifier and that the conditions for not carrying out site visits established by the Commission are met.

(a)an audit firm shall establish appropriate policies and procedures to ensure that its owners or shareholders, as well as the members of the administrative, management and supervisory bodies of the firm, or of an affiliate firm, do not intervene in the carrying-out of a statutory audit in any way which jeopardises the independence and objectivity of the statutory auditor who carries out the statutory audit on behalf of the audit firm.

However, earlier court decisions have indicated that a technical contribution may arise if there has been some improvement in the way that processes are carried out or resources used in a computer (for example an increase in the efficiency of a physical process), or if the exercise of technical skills beyond "mere" programming has been necessary to arrive at the invention.

Is the argument that the inspector would not be carrying out an investigation or an inspection in the same way that a peace officer with a search warrant would be carrying out a search or an inspection of a place where criminal activity is apprehended or suspected?

II. WITH RESPECT TO RESEARCH AND PHARMACEUTICAL INNOVATION 1. notes with satisfaction that the 4th Framework Programme of Community Activities in the field of Research, Technological Development and Demonstration takes into account the special characteristics of pharmaceutical research in a specific programme relating to biomedicine and health; 2. notes that the Commission is setting up a Task Force on vaccinations and viral diseases which it considers will encourage partnership between industry, public research institutes and university circles; 3. notes with interest, having regard in particular to the Council Resolution of 20 December 1995, [11] that the Commission will carry out studies and, where necessary, submit appropriate propos ...[+++]als to create an economic environment which encourages the pharmaceutical industry to carry out research in the field of orphan drugs; 4. underlines the need to continue to guarantee the protection of intellectual property with regard to pharmaceutical innovations; 5. stresses the importance of an efficient chemical industry in the process of innovation of the pharmaceutical industry; 6. underlines the growing importance of biotechnology in the pharmaceutical sector; is aware of the problems and new opportunities opened up by biotechnology; invites the Commission to continue its efforts to ensure a stable and safe environment for biotechnology, particularly by tailoring regulations to the actual risk taken while maintaining an appropriate level of safety and seeking a favourable framework for stimulating investment in Europe; 7. notes with interest that the Commission has submitted a new proposal to the European Parliament and to the Council on the legal protection of biotechnological inventions in order to improve legal protection and Community harmonization in matters relating to the patentability of biotechnological inventions, with due regard for bioethics and the cultural roots of Europe.