Bibliographic record
Abstract
The present article concentrates on Patent Law with some comparison with the less contested problems of Trademark and Copyright enforcement.By the Grant of Patents, the State conveys to the Patent Owner an absolute right over commercially applicable technical achievements for a limited period of time. The Patent Owner has an exclusive right to exercise the invention, to permit third parties to work the invention against compensation and to prevent its unauthorised use. Effective patent protection requires not only a reliable system of grant and administration but equally important an effective system of enforcement. The TRIPs agreement which forms part of the GATT Agreements concluded in Marrakech in 1994 has established uniform minimum standards of enforcement practically worldwide. The implementation of the TRIPs Agreement is far from completed.In Switzerland 26 Cantonal Courts are competent for patent enforcement. With the exception of the five Courts of Commerce (Zürich, Bern, Aargau, St Gallen and Geneva) the competent Courts have no technical knowledge and little experience in patent matters. The Courts are forced to rely almost exclusively on outside experts even in injunction proceedings. As a result, patent enforcement in Switzerland is often very slow and there is little reliability and continuity of jurisprudence. As the Supreme Court may only re-examine questions of law and considers itself as bound by the facts established by the Cantonal Courts including Court Expert opinions it is unable to impose the desirable harmonisation of patent law jurisprudence. Patents that cannot be properly and timely enforced are of limited value. Insufficiencies of the enforcement procedures in Patent Law in Switzerland are detrimental to the encouragement of research and development and thus to the Swiss economy. It would be desirable to concentrate the enforcement of Patent Law in Switzerland to a Federal Patent Court with panels of technically trained judges composed by a Court of First Instance (possibly with two Chambers for the German and French part of the Country) and a Federal Court of Appeals following the US example.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.031 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.002 |
| Science and technology studies | 0.004 | 0.011 |
| Scholarly communication | 0.012 | 0.005 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.005 | 0.003 |
| Insufficient payload (model declined to judge) | 0.015 | 0.003 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".