text:
J 0009/07 (Priority period and re-establishment/TOSHIBA) of 30.6.2008
ECLI:EP:BA:2008:J000907.20080630
J 0009/07
G01N 35/10
Decision text in EN (PDF, 50 KB)
Clinical laboratory apparatus
1. KABUSHIKI KAISHA TOSHIBA
2. Toshiba Medical Systems Corporation
European Patent Convention Art 66
European Patent Convention Art 122
European Patent Convention R 136
European Patent Convention 1973 Art 1
European Patent Convention 1973 Art 2(2)
European Patent Convention 1973 Art 87(1)
European Patent Convention 1973 Art 112(1)(a)
European Patent Convention 1973 R 38
European Patent Convention 1973 R 84a
Request to refer a question to the Enlarged Board of Appeal - rejected
Request for re-establishment of rights with respect to the priority period - not admissible
Article 122 (5) EPC 1973 has to be interpreted in accordance with its proper wording and that wording leaves no doubt or ambiguity that restitutio in integrum with respect to the time limit referred to in Article 87 (1) EPC 1973 has been excluded by the legislator.
I. This is an appeal against the decision of the Receiving Section dated 3 January 2007 by which the request for re-establishment of rights with respect to the period laid down in Article 87(1) EPC 1973 was rejected and it was decided that the priority claim in respect of the Japanese patent application JP 2003-402805 was not valid under Article 87(1) EPC 1973.
II. European patent application 04257544.9 was filed on 3 December 2004, claiming priority from Japanese application P2003-402805 of 2 December 2003.
III. After being informed by the Receiving Section that the filing date of the previous application for which priority was claimed did not fall within the year preceding the date of filing of the European patent application, the appellant requested re-establishment of rights with respect to the twelve-month priority period.
IV. On 3 January 2007 the Receiving Section rejected the request for re-establishment of rights and decided that the priority claim in respect of the Japanese patent application JP 2003-402805 of 2 December 2003 was not valid under Article 87(1) EPC 1973.
V. In this decision it held that the request for re-establishment of rights with respect to the priority period was not admissible because Article 122(5) EPC 1973 explicitly excluded the time limit referred to in Article 87(1) EPC 1973 from the provisions relating to re-establishment of rights. No conflict could be seen between Article 122(5) EPC 1973 and Article 2(2) EPC 1973. Article 122(5) EPC 1973 was applicable before the grant of the European patent, whereas Article 2(2) concerned the European patent after grant. Additionally it was noted that under Article 2(2) EPC 1973 the possibility existed of making rules for the European patent in the Convention that were different from the laws of the Contracting States.
There also was no contradiction with Article 66 EPC 1973, because Article 66 EPC 1973 did not imply the application of the national law of a designated state. Article 122 EPC 2000 and Rule 85b(1) EPC 2000 were not applicable. The same was true for Article 13(2) and Rule 14(4) PLT.
VI. The applicants (appellant) lodged an appeal on 6 March 2007. Payment of the appeal fee was recorded on the same day.
VII. In its statement setting out the grounds of appeal, received at the EPO on 15 May 2007, the appellant submitted that
- a literal interpretation of Article 122(5) EPC 1973 lead to a result which was manifestly absurd or unreasonable and therefore contravened Articles 31 and 32 of the Vienna Convention on the Law of Treaties;
- Article 122(5) was in conflict with Article 2(2) EPC 1973 or Article 66 EPC 1973; and
- Article 122(5) EPC 1973 lead to unjustifiable hardship.
On 7 March 2008 the appellant filed additional written submissions in which it set out further arguments. These arguments were summarized in the oral proceedings (see point X. below).
VIII. In its communication dated 15 April 2008 the Board addressed these issues. It came to the preliminary conclusion that contrary to the argument of the appellant the Boards of Appeal are bound by the EPC and have no power to excuse an applicant from complying with the time restriction imposed on applicants by Article 87 EPC 1973 in a way that would be contrary to the express exclusion provided for in Article 122(5) EPC 1973.
IX. In view of the comments made by the Board the appellant requested that the following question be referred to the Enlarged Board of Appeal:
"Where a European patent application is filed that designates only a state or states where restitutio in integrum of the priority date is allowable under national law of that designated state or the national law of those designated states, should the proper interpretation of Article 122(5) EPC 1973 allow restitutio in integrum of the priority date for the European patent application?"
X. During the oral proceedings on 30 June 2008 the appellant essentially submitted the following:
It was common ground between the Board and the appellant that re-establishment of rights could not be granted in the face of an express exclusion in the European Patent Convention. But this was not the case here. In fact there was room for interpretation of Article 122(5) EPC 1973 in favour of the appellant. The guiding principle in the preamble of the EPC was that cooperation between the states of Europe should be strengthened. By implication this also included cooperation between the member states and the EPO. According to the commentary of Singer there should as a consequence be some flexibility within the express provisions of the EPC which should be interpreted in the light of the Preamble to the EPC 1973, the Vienna Convention on the Law of Treaties and also the TRIPS agreement which constitute a useful indicator of modern trends. In relation to related issues of interpretation there was room for the development of a convergent interpretation of the national and the European laws. As regards Article 1 EPC 1973 it should be noted that the European system does not replace the national systems. The latter should rather be regarded as a supplement to the former. Article 122 EPC 1973 is a provision in a complex field. It would be too easy simply to state that if someone breaks the rules there is a penalty - and the penalty in this case is the loss of the priority right. Rather, Article 122 EPC 1973 can be regarded as a mechanism to mitigate this penalty. It introduces the element of justice and fair treatment into the proceedings before the EPO and balances the need for legal certainty.
In the case law of the Enlarged Board of Appeal there is an example that shows that such an interpretation of Article 122 EPC 1973 is in fact possible. Article 122(1) EPC 1973 is explicitly directed to an applicant and a proprietor. This is a list that includes two types of persons, but in fact does not exclude others. Following that line of argument the Enlarged Board of Appeal decided in G 1/86 that this non-exclusive list does not exclude an opponent and so extended the provision to include opponents. One of the reasons for this decision was to protect a party from an irretrievable loss of rights. The loss of a priority right was an even more serious situation, because there was no remedy for that at all.
In contrast, an opponent had a remedy for the loss of the right to file an opposition: he had the possibility of taking legal action in the various national courts. Having this in mind the Enlarged Board of Appeal stressed the importance of the availability of a central means of redress, saying that if such an interpretation were possible, it would serve the interests of justice. It would lead to a manifestly unreasonable result if on the one hand the desirability of an opponent having a central means of redress could be met by the remedy of restitutio in integrum but on the other the far more important priority right could not. Article 32 paragraphs (a) and (b) of the Vienna Convention on the Law of Treaties could be considered as useful indicators for what to do when the literal meaning lead to a manifestly unreasonable result or left the meaning obscure: the wording had to be interpreted in a way that lead to a reasonable result.
Although Article 2(2) EPC 1973 referred to a granted patent the prosecution history was an inherent part of a granted patent and the priority date was part of its history. Article 66 EPC 1973 supported the fact that the priority date was fundamental for a patent.
Article 122(5) EPC 1973 could only be interpreted properly when the history of the EPC was taken into account. During the discussions concerning this question there were different views: some states wanted the supremacy of justice and so were in favour of restitutio in integrum but the majority voted for the construction that lead to greater legal certainty. In the following years there had been a shift in that balance away from legal certainty to substantial justice, a shift that was evidenced by the EPC 2000 and national laws. Article 122(5) EPC 1973 was an umbrella-type provision that did not deal with all the details and which left room for manoeuvre. It did not say what should happen in relation to any particular Contracting State. As this area was not legislated for, it could be developed by the jurisprudence of the EPO. There was no express wording forbidding restitutio in integrum in this very particular scenario: only one state was designated in the application and this state allowed re-establishment of rights on a national level. The only reasonable way to develop the jurisprudence was in a cooperative way that was in line with the national law of the only designated state.
XI. The appellant requested that the decision under appeal be set aside and the case be remitted to the examining division for further prosecution.
1. The appeal is admissible.
2. Applicability of EPC 1973
On 13 December 2007 EPC 2000 entered into force.
Article 7 of the Act revising the EPC of 29 November 2000 reads:
"(1) The revised version of the Convention shall apply to all European patent applications filed after its entry into force, as well as to all patents granted in respect of such applications. It shall not apply to European patents already granted at the time of its entry into force, or to European patent applications pending at that time, unless otherwise decided by the Administrative Council of the European Patent Organisation."
Article 1 of the Decision of the Administrative Council of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the European Patent Convention of 29 November 2000 reads in its point No. 1. (in parts):
"In accordance with Article 7, paragraph 1, second sentence, of the Revision Act, the following transitional provisions shall apply to the amended and new provisions of the European Patent Convention specified below:
1. Articles 14 (3)-(6) ... 61,67... 86, 88 ... 120,123 ... shall apply to European patent applications pending at the time of their entry into force ... ."
Article 87 is not contained in this listing. As a consequence Article 87 EPC 1973 applies to the present case.
Article 1 of the said decision of the Administrative Council reads in its point No.5 (in parts):
"Articles 121 and 122 shall apply to European patent applications pending at the time of their entry into force ..., in so far as the time limits for requesting further processing or re-establishment of rights have not yet expired at that time."
3. According to point No. 5 of Article 7 it has thus to be examined whether at the time of entry into force of the EPC 2000 the time limit for requesting re-establishment of rights had already expired. This can only be determined on the basis of the provisions applicable before the entry into force of the revised provisions. (For a request for re-establishment in respect of a priority period this may be of relevance because under Rule 136(1), second sentence, EPC a request for re-establishment in respect of the priority period must be filed within two months of expiry of that period). Under Article 122(2), first sentence, EPC 1973 any request for re-establishment of rights must be filed in writing within two months of the removal of the cause of non-compliance with the period. The cause of non- compliance was removed in February 2005 at the latest with the receipt of the information from the Receiving Section that the European patent application had not been filed within the twelve-month period for claiming priority on the basis of the previous Japanese application. Thus, when the EPC 2000 entered into force on 13 December 2007 the two-month period for requesting re-establishment of rights had long since expired.
4. Consequently the provisions to be applied in this case are those of the EPC 1973. This was not disputed by the appellant.
5. According to Article 87 EPC 1973 an applicant for a European patent enjoys a right of priority during a period of twelve months from the date of filing of the first application. European patent application 04257544.9 was filed on 3 December 2004, claiming priority from Japanese application P2003-402805 of 2 December 2003. This means that the appellant did not observe the time limit ending on 2 December 2004.
6. Concerning this non-observance the appellant request re-establishment of rights.
7. This request is not admissible. According to Article 122(5) EPC 1973 the provisions on restitutio in integrum are not applicable to the time limits referred to in Article 87(1) EPC 1973.
8. The boards of appeal are bound by the EPC and have no power to excuse an applicant from complying with the time restriction imposed on applicants by Article 87 EPC 1973 in a way that would be contrary to the express exclusion provided for in Article 122(5) EPC 1973. This is in line with the case law of the Boards of Appeal which has been established since 1980.
9. In case J 15/80 (OJ EPO 1981,213, point 3 of the reasons) it was decided that the provisions of Articles 87 to 89 and Rule 38 EPC 1973 together formed a complete, self-contained code on the subject of claiming priority for the purpose of filing a European patent application. This code was, and had been designed to be independent e.g. of the Paris Convention. It formed part of the system of law common to the Contracting States which was established for the grant of patents for inventions: cf. Article 1 EPC 1973.
10. In case J 18/86 (OJ EPO 1987,356) it was added in point 4 of the reasons that the EPC was a treaty between the Contracting States. Its Preamble stated that the Contracting States were "DESIRING that (the protection of inventions) may be obtained in those States by a single procedure for the grant of patents ...". Article 1 EPC 1973 stated that "A system of law, common to the Contracting States, for the grant of patents for invention is hereby established". Clearly such a system of law included both procedural and substantive law. Thus prima facie the EPO provided a system of procedural law which was common to the Contracting States.
In point 10, paragraph 2 of the reasons, the Board said that it had carefully considered Rule 97 of the UK Patent Rules 1982, and the relevant provisions of the UK Patents Act 1977, under which UK Rule 97 was made. There was no doubt that if UK Rule 97 was read in isolation, its wording was broad enough to cover a European patent application "sent to the UKPO by posting it in the United Kingdom". However, the fact that its wording was broad enough to cover, and was apt to cover, the facts of that case, did not mean that as a matter of law it should be so applied. Authority for applying UK Rule 97 to a European patent application had to be derived from the EPC. In the judgement of that Board there was nothing in the relevant provisions of the EPC, set out above, which admitted of the possibility of applying a provision of any national law (such as UK Rule 97) to the determination of the date of filing of a European patent application.
11. The Board cannot accept the arguments of the appellant.
The appellant argues that the wording of Article 122(5) EPC 1973 leaves room for interpretation and a strict literalistic interpretation would lead to a result which is manifestly absurd or unreasonable and therefore would contravene Articles 31 and 32 of the Vienna Convention on the Law of Treaties.
12. In its "Preliminary Observations" in case G 5/83 (OJ EPO 1985,60) the Enlarged Board of Appeal said that when interpreting the European Patent Convention, Articles 31 and 32 of the Vienna Convention on the Law of Treaties should be applied.
Articles 31 and 32 read in full:
"Article 31: General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties in connection
with the conclusion of the treaty;
(b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
3. There shall be taken into account, together with the context:
(a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;
(c) any relevant rules of international law applicable in the relations between the parties.
4. A special meaning shall be given to a term if it is established that the parties so intended.
Article 32: Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of Article 31, or to determine the meaning when the interpretation according to Article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable."
13. It follows from Article 31 of the Vienna Convention that the EPC should be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of the treaty's object and purpose.
Taking this into account, the only conclusion to be reached is that Article 122(5) EPC 1973 has to be interpreted in accordance with its proper wording, and as to this there is no doubt or ambiguity about whether the provisions allowing restitutio in integrum are applicable to the time limit referred to in Article 87 (1) EPC 1973. On the contrary, their applicability has been expressly excluded by the legislator. That constitutes the main difference between this case and the case cited by the appellant. In case G 1/86 (OJ EPO 1987,447) a list consisting of the applicant and the proprietor, which was considered to be non-exclusive, was seen as not a priori excluding an opponent altogether. This line of reasoning cannot be transferred to a situation where a special procedural step is explicitly excluded from restitutio in integrum by the legislation. This situation leaves no room for a different interpretation, even in very narrow circumstances.
14. This literal interpretation does not lead to a result that is manifestly absurd or unreasonable. When considering the possibility of re-establishment of rights the legislator has to find a balance between legal certainty and substantial justice.
A consideration of these values can properly lead to an exclusion of the possibility of requesting re-establishment of rights from certain time restrictions in EPC 1973, in particular concerning the period during which it is possible to claim a priority. This is because legal certainty about the priority date is deemed to be so important that there should be no alteration of this date after the publication of the application, even in cases where a human error has exceptionally occurred.
This legislative aim still finds itself reflected in the revised provisions on re-establishment in respect of the priority period. By contrast to the general definition of the period for filing a request for re-establishment starting to run from the removal of the cause of non-compliance with the period, Rule 136(1) EPC, second sentence, provides that a request for re-establishment of rights in respect of the priority period shall be filed within two months of expiry of that period. Thereby, it is ensured that - even if in such cases it will not always be possible to decide on re-establishment before the publication of the application - third parties are at least made aware that a priority right might still be allocated to the application.
The amendment to the law providing for re-establishment of rights with respect to the time limit for claiming priority in EPC 2000 thus does not show that the previous law was manifestly unreasonable or absurd because the guiding principle of the EPC 1973 as regards legal certainty for third parties about the priority date after publication of the application is still reflected in the EPC 2000. Therefore, the fact that re-establishment of rights with respect to the priority period is now allowed as a matter of principle, does not justify an interpretation going against the express wording of the applicable provisions of the EPC 1973.
15. The same applies to the appellant's objection based on the TRIPS Agreement. The appellant has not substantiated in what respect an interpretation following the express wording of Article 122 (5) EPC 1973 would have to be considered as a breach of the principles of protection set out in the TRIPS agreement and therefore the Board does not pursue this issue further.
16. A different conclusion cannot be drawn from the interpretation of the Preamble to the European Patent Convention in Singer/Stauder, 3rd edition, English version 2004, Vol. 1, Preamble, paragraphs 8 and 9. It is not in doubt that the Preamble is relevant to the interpretation of the EPC or that another relevant source for the purposes of interpretation is the TRIPS Agreement. There also may be cases where help in finding the best solution to a problem under the EPC can be found in the case law of the national courts of the Contracting States.
17. In this respect the Enlarged Board of Appeal in G 5/83, loc.cit, point 6 of the reasons, said:
"In the interpretation of international treaties which provide the legal basis for the rights and duties of individuals and corporate bodies it is, of course, necessary to pay attention to questions of harmonisation of national and international rules of law. This aspect of interpretation, not dealt with by the provisions of the Vienna Convention, is particularly important where, as is the case with European patent law, provisions of an international treaty have been taken over into national legislation. The establishment of harmonised patent legislation in the Contracting States must necessarily be accompanied by harmonised interpretation. For this reason, it is incumbent upon the European Patent Office, and particularly its boards of appeal, to take into consideration the decisions and expressions of opinion of courts and industrial property offices in the Contracting States."
18. None of the above, however, constitutes a sound basis for applying an article of the EPC in a way which goes against its express wording.
19. Article 122(5) EPC 1973 is not in conflict with Article 2(2) EPC 1973 or Article 66 EPC 1973. The argument that Article 122(5) EPC 1973 is contrary to Article 2(2) or Article 66 EPC 1973, because German national law allows restitutio in integrum as regards the period within which claiming priority is possible, is not correct.
20. According to Article 1 EPC 1973 the EPC establishes a system of law common to the Contracting States for the grant of patents for inventions. This common system of law is applicable to all European patent applications irrespective of which Contracting States have been designated in the European patent application. Although in general a high degree of harmonization between the EPC and national laws is desirable and has indeed been achieved, differences between national legislation and the EPC are not excluded by Article 2(2) or Article 66 EPC 1973 in this regard. The fact that re-establishment of rights is not possible for the priority period under the EPC does not alter the effect of the European patent in the Contracting States under Article 2(2) EPC 1973 or the principle enshrined in Article 66 EPC 1973 that a European patent application which has been accorded a filing date has, in a designated Contracting State, the same effect as a corresponding application filed in that state.
21. Save to the extent that the EPC expressly provides otherwise, the EPO is not allowed to take into consideration with respect to the designated state concerned a specific national legal provision which would be more favourable for the applicant than the provisions of the EPC. This is because this would have the consequence of giving European applications an unequal treatment as regards the requirements for grant depending on which state or states have been designated, contrary to Article 1 EPC 1973. It would also go against the principle of the unity of the application enshrined in Article 118 EPC 1973 since, if a more favourable national provision was to be applied in relation to the designated state concerned, distinguishing between a case in which the designated state concerned is the only one designated and a case in which further states have been designated as well would appear arbitrary and unjustifiable.
22. Article 2(2) EPC 1973, which was mentioned by the appellant, deals with the effects of the European patent once it has become a national patent and part of the national legal system. This article says nothing about the treatment of European patent applications by the EPO and there is no legal basis for a comparison to be made between the requirements for grant of a European application and those of a national application.
23. Article 66 EPC 1973 provides that a European patent application will be equivalent to a regular national filing, with the priority claimed, where appropriate. This article equally only concerns the rights derivable from a European patent application in the designated Contracting States and not the conditions for grant by the EPO, including any priority rights. For European patent applications these conditions are governed exclusively by the EPC. Article 66 EPC 1973 does not mean, by a kind of a contrario reasoning, that a specific regulation concerning the right of priority in a particular national law will be applicable to the European application as far as this particular state is concerned. It only expresses the idea that if a priority has been validly claimed for the European application, the priority date is taken into account in the same way as for a national application when determining its effects in the designated Contracting States.
24. Thus, both these articles relate to the effects of either a European patent or a European patent application in the national legal system, with the intention that, as regards these effects, a certain degree of harmonization can be reached unless the EPC permits certain specific national provisions to be taken into consideration (see in this respect the proviso in Article 2(2) EPC). They cannot lend support for disregarding a provision of EPC concerning the grant procedure.
25. For the sake of giving a complete answer to the appellant's arguments (see in this respect points 8., 13. and 14. above), the Board wishes to add that in its view Article 122(5) EPC 1973 does not lead to unjustifiable hardship. Whether the application of an article may under certain circumstances impose unjustifiable hardship relates to the principle of proportionality. When introducing the possibility of re-establishment of rights a legislator has to find a balance between legal certainty and substantial justice. The search for such a balance can - as explained above - lead to the exclusion of certain time restrictions from the possibility of requesting re-establishment of rights as foreseen in EPC 1973.
26. No different conclusions can be drawn from the decision of the Board in case J 13/05 of 3 August 2006 cited by the appellant. The cited paragraph reads:
"However, the Federal Administrative Court expressly refrained from answering the question whether delivery services which, unlike the German postal service, have no monopoly must be treated as equivalent to the latter service. Moreover, it can be inferred from that court's judgment (ibid., p. 3, end of point 16) that, even under Community law, exceptions to the legal consequences of a failure to observe time limits on account of "force majeure" may be made only if they are provided for in Community law. Moreover, whilst Article 122(5) EPC expressly rules out re-establishment in respect of a priority period which has not been observed, the whole point of introducing Rules 84a and 85 EPC was to prevent hardship ensuing from the application of that article. The appellant has not submitted any argument to the effect that the drafters of the EPC have failed to comply with any obligation to prevent unjustifiable hardship arising from the exclusion under Article 122(5) EPC or that there are special circumstances which mean that, despite the failure to comply with the requirements of Rules 84a and 85 EPC, an unjustifiable prejudice will be suffered in this particular case, in breach of the principle of proportionality."
27. First, in the cited passage, decision J 13/05 simply notes that under the Community law referred to by the appellant an exception to the legal consequences of a failure to observe a time limit requires a basis in the law. The same applies under the EPC.
28. Second, the cited passage from J 13/05 must be read in context, which is that the Board was merely refuting the appellant's arguments based on the decisions of the German Federal Administrative Court cited by the appellant in favour of its position.
29. In order to ensure uniform application of the law or if an important point of law arises the Board of Appeal should refer any question to the Enlarged Board of Appeal if it considers that a decision is required for these purposes (Article 112(1)(a) EPC 1973). In the view of the Board none of these conditions is fulfilled. With its decision the Board does not propose to deviate from a decision of the Enlarged Board of Appeal or another Board of Appeal. Furthermore it does not consider that a decision of the Enlarged Board of Appeal is required because an important point of law has arisen. It is of the opinion that the point of law to be decided upon can be answered by reference to the EPC without leaving the Board in any doubt (see J 5/81, OJ EPO 1981, 213, point 11. of the reasons).
1. The request to refer a question to the Enlarged Board of Appeal is rejected.
2. The appeal is dismissed.


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Home > Knowledge > Blog > Don't underestimate the importance of a company's statutory registers
19.11.2019 Kirsty Bowyer
Don't underestimate the importance of a company's statutory registers
If you are planning on selling your company, at some stage in the process you will be asked "Do you know where the company's statutory registers are and are they written up-to-date to show the current shareholders?" An increasingly common response to this is "Everything to do with the company and our shareholding is shown at Companies House."
It is a common misconception that Companies House shows the definitive position of who owns shares in a company and it can cause significant issues if a company is being sold and they cannot be located or are incorrectly written up.
Instead, the statutory registers of a company should be viewed in the same way as you would view the title deeds to your house. Don't underestimate their importance!
A company's statutory registers, which are required to be kept in accordance with the Companies Act 2006, should set out information relating to:
1) Members (or shareholders) of the company: the register of members should illustrate what number and class of shares are held (or have previously been held) by each member (or previous member).
The register of members will be required to prove who legally owns the shares in a company.
A company will often also maintain a register of applications and allotments and a register of transfers demonstrating the issue and transfer of shares to each member (or previous member) and which will sit alongside and tie in with the register of members to ease the review of a shareholder's chain of ownership.
2) Directors and company secretary: the register of directors, register of secretaries and register of directors' residential addresses should set out certain particulars about a company's directors and, if any, company secretary.
3) Persons with significant control (PSC): the PSC register came into existence on 6 April 2016 and requires information to be maintained about people who can influence or control a company by reference to specific conditions.
4) Charges: the register of charges is no longer a legal requirement relating to charges created on or after 6 April 2013, however, continues to apply for charges created before 6 April 2013.
The filing of an annual return or confirmation statement does not relieve a company from the requirement to maintain its statutory registers. Failure to do so is an offence under the Companies Act 2006 and punishable by a fine (which could also result in daily fines for each day the company fails to rectify its breach).
If you're thinking about selling your company, it is imperative that you know where your statutory registers are kept and ensure that they are correctly written up-to-date. Review of these by a buyer's solicitor will form part of the legal due diligence process and the originals will have to be delivered to a buyer on completion of any sale. Historically, statutory registers were maintained in hard copy (usually a bound book or loose leaf within a ring binder), however, they are increasingly being maintained in an electronic form. Often, an accountant or solicitor may hold the statutory books.
It may be that errors in the writing up of statutory registers cannot be rectified without a court application and therefore it is important that you seek proper legal advice before attempting to write up any registers.
If there are issues with a company's statutory registers on a sale of a company, it may be that the seller(s) will be required to give an indemnity to the buyer. There may, however, be circumstances where an indemnity will not be sufficient for a buyer. Ownership of the shares being sold goes to the heart of the sale of a company and it is therefore understandable that a buyer may want other action to be taken, prior to completion, to remedy the situation.
It may be possible to reconstitute the statutory books if they have been lost or destroyed depending on the other documentation available and the history of the share ownership. In more complicated circumstances, it may be that a court application is required for rectification of the registers. This process is inevitably time-consuming (potentially causing difficulties to a sale timetable) and expensive.
If you're thinking about selling your business or simply want to carry out a house-keeping exercise, we can review your statutory registers and paperwork for you and ensure they are suitably maintained. Please contact Kirsty Bowyer, Associate by tel: 02380 718 883 or by email: kirsty.bowyer@mooreblatch.com
Kirsty Bowyer
Associate Solicitor | Corporate
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5 Secrets the University of Delaware Isn't Telling Incoming Freshmen
Sleazer Rodney Delaware • July 28, 2015
This fall marks the arrival of a seemingly infinitesimal amount of swarming, gregarious, and migratory imagoes that promise to devastate the local food supply and wreak havoc upon the surrounding community. But we're not talking about a plague of desert locusts; we're talking about the incoming University of Delaware Class of 2019. Infesting a new institution of higher education can be intimidating for anyone, but fear not! The Black Sheep is here to lend you some insider secrets in order to make the best of the four years that your parents will be skipping meals to afford your entomology degree.
5.) Underperforming? Consider Yourself Sacrificed:
Academic probation is never a fun phrase to have written on your transcript. Most schools set the bar for performance at a minimum of around a 2.0 GPA; however, since the University of Delaware always Dares to Be First™, there is a new policy taking effect this fall that mandates that each student attain a GPA of at least a 3.9.
According to UD Interim President Nancy Walmartt, this new policy should not be taken lightly; students who fail to meet this simple criterion face consequences. Specifically, underachieving Blue Hens will be thrown into the now-exposed massive volcano that once lied underneath where West Campus. Many names for this boiling pit of molten rock and tarnished expectations have been suggested thus far. However, UD plans to name it after the original crater of prolonged disappointment and failure on campus: the University of Delaware football team.
The Fightin' Blue Hens Department of Academic Underachievement opens this fall.
4.) Greek Life Doesn't Just Mean Fraternities and Sororities, φίλος μου:
When most students hear the phrase "Greek," they think of the numerous fraternities and sororities in which students at the University of Delaware can become involved. What most people outside of so-called "Greek life" don't know is that rushing a fraternity or sorority actually requires thorough knowledge of and fluency in the Greek language.
Brothers and sisters, or "αδέρφια and αδερφές" as many affectionately call them, must be able to speak Greek completely fluently if they are offered a position in one of these secret societies. A lack of proficiency in the language results in hazing in the form of week-long sermons about Aristotelian philosophy, after which prospective brothers or sisters are tied to the beloved Gyro Cart and pushed down the hill on New London Road.
The Black Sheep recommends you take some Greek classes before considering rushing if you don't want to smell like asphalt and pita bread.
3.) Exotic Pets Are Allowed and Encouraged in Dorm Rooms:
Many schools don't permit incoming freshmen to own and care for pets in their rooms for sanitary and allergenic reasons. However, at the University of Delaware, pets are not only permitted in dorms, they're highly encouraged! In its mission to increase diversity at UD, the vice provost has gone beyond fostering more racial diversity and is now calling for more biodiversity on campus.
This effort to increase representation for exotic animals on campus has been lauded by the Philadelphia Zoo, which has pledged its support by offering each student an animal of their choice as a pet. Blue Hens may pick from the smallest pygmy marmoset to the largest hippopotamus to keep them company in their dorm room. Freshmen have been especially encouraged to become exotic pet owners in order to alleviate any roommate conflicts they might encounter.
Pets are also allowed to serve as proxies by attending lectures in place of their owners, especially in attendance-mandatory courses. The Vice Provost hopes that this initiative will allow every species to receive equal representation in the classroom, even if most pets can't comprehend the course material or the English language as a whole. Just don't let your lemur shit on the desk, though. That's your job, buddy.
2.) Keeping a Close Relationship with Professors is Key:
Everyone knows that having a solid set of connections is what makes or breaks a student's chances at landing an internship, research position, or future job. Establishing a good rapport with your professors from early on in the semester is critical if you're looking for opportunities down the road, and, per the advice of the staff at New Student Orientation, many students will frequent office hours and ask questions in class in order to establish this rapport.
However, what NSO Leaders won't tell you is being close with your professors doesn't just end at office hours. If you really want that research position, or that glowing letter of recommendation, you need to be physically close to your professor at ALL TIMES. In office hours, try sitting on your professor's lap rather than in the chair on the other side of the desk. During lecture, don't just sit in the front row; stand within an arm's length of your professor throughout the lecture and follow him or her around the room if need be.
If you're worried about slipping under your professor's radar, try emitting a small but sudden yelp if he or she doesn't look in your general direction for more than seven seconds. Instead of going back to your dorm when lecture ends, follow your professor to wherever their next destination may be, even if it's to the bathroom stall. Offer to wipe for them if you're looking to boost your grade by a point or two.
1.) What's That Smell? Well, It's Your Mom:
It is not uncommon at random intervals during the semester to smell an acerbic, harsh odor that seems to penetrate every square foot of the town of Newark. The origin of this acidic aroma has been speculatively attributed to various sources, including mushroom farms in Pennsylvania, manure stockpiles on South Campus, and chicken farms in northern Delaware. Whatever its origin may be, it smells like Satan's asshole. Yet, in spite of the rumors and campus conspiracy theories, the true origin of this smell comes from your mom. Yes, your mom.
Various research studies conducted (yet never published) by UD's Department of Environmental Science have discovered that, at random points during the school year, each UD student's mother's putrid body odor escapes from her vicinity as an amorphous cloud of gas and is released into the upper atmosphere. At this point, the gaseous mass combines with the odors of other students' moms, forming a thirty-mile wide slightly green cloud that smells God-awful. This cloud, dubbed a "cumulomombus" by some meteorologists, inexplicably defies the jet stream and makes its way to the University of Delaware like a barrage of heat-seeking missiles, after which it lingers for the longest 24 hours of everyone's lives.
Most people will blame the scent on some type of farm, but with this knowledge, you'll be able to stop the spread of misinformation by correctly telling people their moms smell like shit.
Related Topics:class of 2019, freshmen, incoming freshman, udel, university of delaware
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Know the West
Could COVID-19 lead the way to a $15 minimum wage?
One labor activist sees the pandemic as an opportunity to fight for a better income.
Jessica Kutz Interview May 13, 2020
As a service to readers, High Country News has removed the paywall from all COVID-19 stories. Please consider supporting our work by donating, subscribing or sending us story ideas.
Many restaurant workers were already struggling to pay their bills long before COVID-19 swept across the country.
Due to a two-tiered wage system that still operates in 43 states, the restaurant and service industries are only required to pay tipped workers, such as servers and nail salon employees, a subminimum wage. On the federal level, that amounts to just $2.13 an hour. In places like Wyoming and Utah, that's still the base wage. Other states have worked to increase it, but it varies widely. In New Mexico and Idaho, for example, it's still under $4.
Now, roughly 5.5 million restaurant workers have seen their jobs vanish in recent weeks, according to the Bureau of Labor Statistics. In many cases, their official earnings were so low that they could not meet the basic income requirements for unemployment.
Saru Jayaraman speaks to a crowd of workers during a Women Workers Rising rally in Washington, D.C., in 2017.
Tasos Katopodis/Getty Images
For nearly two decades, Saru Jayaraman has been working to change the way people view restaurant workers — by advocating for a higher minimum wage across the industry and confronting the service industry's pervasive racism and sexual harassment. Jayaraman's résumé is extensive: She co-founded Restaurant Opportunities Centers United, a national nonprofit dedicated to organizing for restaurant workers' rights, and she is also the director of the Food Labor Research Center at the University of California, Berkeley.
Most recently, as president of One Fair Wage, Jayaraman — who won a James Beard Foundation Leadership Award in 2015 for her research and policy work — has focused on eradicating the subminimum wage while advocating for a $15 minimum one.
High Country News interviewed Jayaraman about the havoc the pandemic has unleashed on the restaurant industry, and whether we can expect positive changes after the dust settles and businesses open again. The interview has been edited for clarity and length.
High Country News: How has COVID-19 impacted workers in the restaurant industry?
Saru Jayaraman: Millions of restaurant workers have lost their jobs. And a majority of them are ineligible for unemployment insurance.
Some of those people are undocumented immigrants who aren't eligible for anything. But a huge percentage of them are non-immigrants who are being denied unemployment insurance. They earn too little to meet the minimum thresholds (which vary by state) to qualify for state unemployment insurance because of their subminimum wage. In other words, it looks to the state like they didn't work full-time. And so there's an automatic rejection for millions of workers.
Congress then passed an additional relief for unemployment insurance and specified this could be used for people who get denied at the state level, but most of the folks talking to us are saying that's not how it's working. In reality, once they're denied at the state level, you're unable to access the federal funds.
This is a moment when the things that don't work in America are being laid completely bare. One of those things is: How could a country like ours be paying people $2 an hour?
HCN: Do you have any plans to mobilize for the upcoming election?
SJ: We started the One Fair Wage emergency fund on March 16 and we've raised $20.5 million to hand out to service workers around the country. Around 160,000 workers have applied for cash relief, and we are also mobilizing them to vote on these issues. We are holding tele-town halls, which are virtual rallies (live-streamed via social media platforms like Facebook) where we are highlighting the changes we need to see with candidates.
HCN: After the pandemic, do you see a better path forward for the restaurant industry?
SJ: It's created a moment of opportunity where people are very angry. When you've been working for 20 years, and then you're told you earn too little to get unemployment insurance? People have woken up and are ready to fight for change. And a lot of employers are seeing how bad this is for their workers. We have been working with a lot of employers who previously didn't agree with us that they should pay a full minimum wage, and now they are saying, "I think I'm going to do that when we come back (to work)."
People in criminal justice, reproductive justice, climate justice, food justice, even progressive businesses — we've come together in a coalition and are putting out the hashtag, #Reimagine, to get everybody around the country to join us in reimagining what our country could look like. It is a moment of opportunity for change. We all need to reimagine our lives, our businesses, our places of work, our world. For the restaurant industry, that means reimagining what it could look like when everybody gets paid by their employer and does not have to live off of tips.
Jessica Kutz is an assistant editor for High Country News. Email her at [email protected] or submit a letter to the editor. Follow @jkutzie
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Tommy Orange adjusts to all the attention as a 'There There' sequel flows along
Tommy Orange is the bestselling author of "There There."
By Jim Ruland
When I caught up with novelist Tommy Orange recently, he was in the middle of a run. He had just moved into a house in the Sierra Foothills and was still getting acclimated to the running trails.
"I average six miles a day," Orange said. "I might drop it four or jump it to eight or 10, depending on how crazy I'm feeling. It's steadily become a required daily thing over the years."
A long run helps Orange deal with the pressure of being a bestselling novelist. After the breakout success of "There There," his 2018 debut novel about the urban Native American experience in Oakland, he was suddenly in demand.
Running is also part of Orange's writing process. "It does double work," Orange said of his daily miles. During his runs, Orange works through problems in his writing and generates new ideas, including his current project, a sequel to "There There."
"The sequel started coming to me the March before the publication of 'There There' [in June]," Orange said. "It came pretty organically. I wasn't thinking I should write another one because this one did well. I was fully ready for 'There There' to bomb. … Since the sequel came on its own and came from a very similar place that the first one came from, I just kept following it."
"There There" not only didn't bomb, it landed on bestseller lists and racked up numerous awards, including the 2018 National Book Critics Circle Award and the 2019 Hemingway Foundation/PEN Award.
But success didn't come overnight. The 37-year-old enrolled member of the Cheyenne and Arapaho Tribes of Oklahoma graduated from the MFA program at the Institute of American Indian Arts. Accolades starting coming in 2014 when he was named a MacDowell Fellow, and a Writing by Writers Fellow in 2016.
When he's not working on his new novel, Orange said he's writing pieces for magazines and journals that he characterized as "dream publications." He recently wrote a profile of the average Native American teen for Esquire magazine and has had short stories published in McSweeney's, Zoetrope, and Zyzzyva — three literary magazines based in the Bay Area.
These were the magazines Tommy read and submitted to while he worked on and off at the Native American Health Center in Oakland. He turned many of his experiences there into material for "There There." Those experiences included a field trip to Alcatraz Island to learn more about the 1969 Alcatraz Occupation, when a group of Native Americans demanded the former prison be redeveloped as a cultural center and school.
"I felt like it was an important event for the area," Orange said of the Occupation, which celebrated its 50th anniversary on Wednesday. "If I'm going to be writing about native people, it's a big reason why a lot of people ended up in the area. Families were established at that time and made connections between reservations."
A lot has changed in the two years since Orange wrote an op-ed for The Times about what the Thanksgiving holiday means to him with the headline: "Thanksgiving is a tradition. It's also a lie." The piece sparked critical comments that, in Orange's words, exposed "the underbelly of the American consciousness."
"The trajectory of some aspects of fame," he said, "can be the more exposure you have, the more trolls you end up with. For some reason mine has worked in reverse."
That's certainly good news for Orange, but the trolls haven't completely gone away.
Last month at a One City One Book event at San Francisco's Main Library, Orange was in conversation with another native writer, San Francisco poet laureate Kim Shuck, when a woman interrupted the discussion to request they talk about Orange's book.
"Stuff will happen and I'll try to address it," Tommy said of the disruption, "usually during the Q&A, but that lady stood up without being prompted. That was the clearest illustration of white privilege you can imagine. That a free event at the library isn't going the way you want it to, so you stand up in the middle of it."
Learning how to deal with being the center of attention has been challenging for Orange, who described himself as "painfully shy" and "terrified of public speaking."
When he was young growing up in Oakland, he and his sister used to hide in the back room during family gatherings to avoid talking to people. Now he speaks at bookstores, high schools and colleges across the country, and his shyness has been a huge hurdle he's struggled to overcome.
"I wouldn't say I've adjusted," Orange said, "but I've gotten a lot better at not looking nervous, which creates a feedback loop of making you even more nervous than you are."
The thing Orange is most grateful for is something that hasn't changed. "The big change that hasn't happened," he said, "which I feel really lucky about, is that it hasn't affected my writing. I've been able to continually write," which he credits to his ability "to write really well in hotel rooms."
Although he's been able to make the most of his time on the road, he's had to learn how to be away from his wife, Kateri, and their young son. "That's been a struggle that I can happily say we've moved through together successfully."
There have been some bumps along the way. When Orange brought his family with him on his book tour in the U.S. and Europe, he got in hot water with his son's school. "We're taking him to universities and he's having crazy experiences that most kids will never be able to experience and they're treating us like negligent parents. My wife had to meet with police officers, Child Protective Services workers and a judge. They were not understanding about the situation at all."
Orange said he has come out the other side of the roller-coaster ride of literary fame with a stronger sense of who he is and of what he is capable.
"I feel I've emerged from it with a sense of peace," Orange said. "I'm at peace with everything. That feels really good."
Ruland lives in San Diego and is writing a book with the L.A. punk rock band Bad Religion.
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Frank Cruz had a short fuse for second-class treatment. So he blazed a path for himself
Frank Cruz always told other people's stories. Now, he tells all in his memoir about his days as a reporter, Telemundo co-founder and everything in between. He carved paths for others along the way.
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James Taylor's audio-only memoir, "Break Shot: My First 21 Years," will be released on Audible on Jan. 31.
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"Tightrope" authors Nicholas Kristof and Sheryl Wudunn saw despair across the U.S., so they began shifting through statistics and solutions.
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Get the latest news and notes from our Book Club. Our mission is to get Southern California reading and talking.


I offer workshops / classes for beginners and advanced Reiki students alike. There are three levels of Reiki. Reiki I is intended for students to be introduced to Reiki and learn the basics so they can begin their own personal healing process, and also practice on friends and family.
Reiki II allows the student to begin a professional practice if he or she desires so, but many who wish to only practice Reiki on a personal level also enjoy this level. It increases the amount of Reiki that flows through the practitioner's hands, and also allows the student to begin to send Reiki long distance as well as through time (forward or backward!). There are three Reiki symbols that are introduced at this level. A student will often want to practice what he or she has learned in Reiki I for a month or longer before taking Reiki II, though exceptions are sometimes made.
Reiki III is the Master/Teacher level, and is not to be taken lightly. This is the level of Reiki that is a deep commitment to the practice, both for the student's own healing as well as for others. This level is by invitation only, though I welcome my students to please let me know if they have an interest in pursuing this level. I enjoy helping guide them through the learning stages until they are ready to embark upon the Master Reiki level. It is generally a good idea to wait at least one year after Reiki II before the student is ready for the Master level, and often longer. I do my best to be a responsible teacher and not allow the student to pursue this level until I feel confident that he or she is ready.
I teach both Reiki levels I and II long distance if a student is interested. Reiki III may be taught partially long distance but the student would have to travel to the Charleston/Ladson area at least once to complete this level. Please email me if you are interested in my long distance learning courses!
Are you searching for self-healing? Do you feel that you have a healing gift? Are you interested in learning to heal yourself and / or others? Have you heard of Reiki but would like to learn more?
If any of these applies to you (but not necessarily all!) , then perhaps this workshop is for you!
We'll spend two evenings from 7 - 9:30 pm, learning about Reiki from a beginner's perspective. No experience necessary, and healing gift is not required, though many people who have this gift are drawn to Reiki. You do not need to have any healing ability to learn to practice this ancient healing art.
Reiki is for anyone who wants to better him or herself, who wants to help to heal others or even to help to heal the world!
the different levels mean, methodology, and the chakra system and how this relates to Reiki.
In Session 2, we will learn the basic hand positions, expand our studies of the chakra system, and each student will receive a Reiki I attunement. We'll then have a chance for practice on each other!
The attunement will give each student the ability to channel Reiki healing energy to him or herself, as well has the student's friends and family.
I am a certified Reiki Master / Teacher, with 16 years of Reiki experience and 39 years experience in general energy healing. My classes are small so that I can give very individualized attention, and answer as many questions as possible. A typical class consists of 3-4 students, though there may be as many as 6 (never more than 6) .
Please email me if you should have any questions! Sign ups will be taken until one week prior to class date, but if it's closer please email me if you are interested in case there are still any available spaces. Total cost of the 2-evening workshop is $165 per person.
If you have questions or are interested in participating, please email Jenni !
If you are interested in a private, one-on-one workshop, please sign up here!
New Dates TBA - please email or use signup links below if interested!
Reiki II is for those who have already completed Reiki I, and who have an interested in furthering their Reiki practice. Reiki II enhances the amount of Reiki that the student is able to transmit, and also teaches and attunes the student to the first three Reiki symbols used in the healing process. Reiki II is appropriate for anyone wanting to further their Reiki training, including those who are interested in practicing Reiki professionally. It is highly recommended for massage therapists, nurses, or anyone else already in the healing fields.
Session 1 will include a brief recap of Reiki I, and will also cover the three symbols. Students will practice the symbols and practice how to apply them while using Reiki, including the distance symbol which allows the practitioner to send Reiki long distance. It also allows the practitioner to send Reiki to different time periods - in the past and the future! Students will learn various applications of using this symbol, along with a fun exercise.
Session 2 will include a discussion about Reiki guides, and a guided meditation to assist students in meeting their Reiki guides. It will also include the Level II attunement, and following the attunement students will each practice sending Reiki to a loved one that is not present.
Jenni is a certified Reiki Master / Teacher, with 16 years of Reiki experience and 39 years experience in general energy healing. My classes are small so that I can give very individualized attention, and answer as many questions as possible. A typical class consists of 3-4 students, though there may be as many as 6 (never more than 6) .
Please email me if you should have any questions! Sign ups will be taken until one week prior to class date, but if it's closer please email me if you are interested in case there are still any available spaces. Total cost of the 2-evening workshop is $210 per person.
Spaces are limited, sign up now (minimum 3 people, maximum 5 people for this workshop) with a deposit of $100 (balance due at time of class).
Reiki III, also known as the Master/Teacher level, is not to be undertaken lightly. It is generally recommended that a student wait at least one year, sometimes longer, upon completing Reiki II before a teacher invites you to take Reiki III. If you have studied Reiki II with me, and are interested in pursuing Reiki III, please let me know.
Reiki III is intended for those who wish to make Reiki an important part of their lives. It enhances the amount of Reiki that can be transmitted, and teaches a symbol that also strengthens the Reiki. Reiki III also teaches the student how to teach Reiki, how to give an attunement, and includes the attunement that allows the student to pass Reiki along to others.
If you have taken Usui Reiki with another teacher, but have relocated or are no longer working with your past teacher for another reason, please feel free to contact me. I would like to spend considerable time with a student who has studied under another teacher before considering him/her for Reiki III.
Jenni is a certified Reiki Master / Teacher, with 16 years of Reiki experience and 39 years experience in general energy healing. Reiki III is generally taught either one on one, along with an assistant for the student to practice attunements with, or sometimes in very small groups of 2-3 students if I have more than one student ready at the same time, who seem like good fits with one another for the class. I will never have more than 3 students in a Reiki III.
Two Evenings - dates TBA, 7 - 9:30pm - click the signup button below to register, or email if you're interested but have questions!
Two Evenings: Dates TBA, please email if interested!
You must have had Reiki I training and attunement before taking Reiki II. If you have studied Reiki I with another teacher, you are welcome to join this class, but I will need to speak with you and perhaps meet with you at one of our Reiki Shares first, to assess what you learned so far.
Reiki III, which is also the Master / Teacher level, is traditionally done by invitation only. If you have studied Reiki II with me, and are interested in Reiki III but I have not invited you yet, please let me know if you are interested via email, as you may just need a bit more fine tuning of your existing skills.
If you have taken Reiki II with another teacher, and that teacher is no longer available or you have relocated to the Charleston area, please contact me and I would be more than happy to discuss your working towards your Reiki III with me. I would need to spend some time with you in Reiki Shares and one on one to ascertain what you've learned thus far, and also to determine if you are ready for the profound changes that Reiki III brings.


ELEKTRA MAGNESIUM CHARGE LOTION - For reviving massage. Natural magnesium with the antioxidant power of Australian botanicals: Lemon Scented Tea Tree, Kakadu Plum, Davidson Plum and Quandong.
The Elektra Magnesium Lotion 'Charge' is a hybrid 30% formula* half way between Magnesium Cream and Magnesium Oil Spritz designed for convenience as an all-in-one moisturiser, massage lotion, deodorant and magnesium supplement.
This lotion is an astringent and suitable for those with skin types that need less fat but more magnesium (teenagers and adults). The texture is silky smooth, light and quickly absorbed and incorporated beautifully into the epidermis leaving behind no sticky residue. Hyaluronic Acid plumps up this lotion with hydration, and powerful antioxidant Australian botanical extracts of Kakadu Plum, Davidson Plum and Quandong add extra cleansing and collagen support. Lemon-scented Tea Tree gives the lotion a fresh aroma of tangy lemon whilst adding anti-microbial and antiseptic benefits.
Please note that if using on face, those with sensitive skin may find it tingles temporarily before full absorption. If you have shaved prior to application then stinging may occur.


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Flu vaccine, Tamiflu shortage as influenza sweeps U.S.
Fluzone--courtesy of Sanofi Pasteur
As one of the worst flu seasons in a decade sweeps the United States, some flu vaccine and drug manufacturers find themselves in short supply of their products. Still, the high demand offers a welcome financial boost.
Sanofi ($SNY), the largest flu vaccine manufacturer in the U.S., sold out of four of the 6 different dosages of Fluzone seasonal flu vaccine due to high demand. Meanwhile, Roche ($RHHBY) told Reuters that the company lacks enough doses of liquid Tamiflu, a drug given to children to shorten the duration of a bout of flu. Demand for the drug only grew when the FDA extended its approval to include treatment for infants 2 weeks of age and older.
While hopeful that recipients of the drug will deal with temporary delays in shipments, Roche will likely more than double Tamiflu sales from last flu season. During the 2011-2012 flu season, Tamiflu brought in about $350 million. Morningstar analyst Karen Anderson says the total this season will likely hover around $750 million, boosting overall Roche revenue this year about 1%, Reuters reports. Still, that total is nothing compared with sales during the 2009 H1N1 pandemic; sales of Tamiflu that year hit $3 billion.
Flu manufacturers plan to produce 137 million doses of vaccine this season, 112 million of which were already received by late 2012. Sanofi produced 60 million of those doses, while GlaxoSmithKline ($GSK) planned to make 25 million doses. By Jan. 4, manufacturers had distributed 128 million doses. Most conventional flu vaccines are grown in fertilized chicken eggs, a process that takes months to wrap. This means manufacturers can't simply ramp up production and expect to meet immediate demand.
As of Jan. 11, the Centers for Disease Control and Prevention indicated that 47 states had widespread flu. The CDC offers a weekly report tracking the spread of influenza.
- get more from Reuters
- see FiercePharma's take
Special Report: Top 10 selling flu vaccines of 2012


This Annual Report on Form 10-K, including the sections entitled "Business," "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations," contains express or implied "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act"), and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). All statements other than statements of historical fact contained in this Annual Report on Form 10-K are forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "could," "will," "would," "should," "expect," "plan,", "anticipate," "believe," "estimate," "intend," "predict," "seek," "contemplate," "project," "continue," "potential," "ongoing" or the negative of these terms or other comparable terminology. Forward-looking statements also include the assumptions underlying or relating to such statements.
Although we believe that the expectations reflected in the forward-looking statements contained herein are reasonable, such expectations or any of the forward-looking statements may prove to be incorrect and actual results could differ materially from those projected or assumed in the forward-looking statements. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to inherent risks and uncertainties, including, but not limited to, the risk factors set forth in Part I, Item 1A "Risk Factors" below and for the reasons described elsewhere in this Annual Report on Form 10-K. All forward-looking statements and reasons why results may differ included in this report are made as of the date hereof and we do not intend to update any forward-looking statements except as required by law or applicable regulations.


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Bringing the 'POP' to a penguin
The magic of a Wild in Art trail is created through the imagination and skills of the artists who decorate the sculptures. So many artists have been inspired by the Pop Up Penguins themes and we have 54 penguins on the trail that prove it!
We put a call out to artists at the beginning of 2020 and were blown away by the 128 designs sent in by over 80 artists. The designs were shown to sponsors through our online gallery and they commissioned the artists to decorate their sponsored penguin with their favourite design.
We're so excited to share information about the artists who are commissioned for Pop Up Penguins and finally unveiling their work on 29 November 2020. The penguins are on display for nine weeks so make sure you add Pop Up Penguins to your list of unmissable things to do and see this summer.
Zulfirman Syah
Zulfirman Syah is originally from West Sumatra, Indonesia. He completed a degree in fine art and has been developing his professional career for more than twenty years. Having immigrated to New Zea....Read more
Vanessa Heaver
Vanessa Heaver is an up and coming artist who was selected to design this penguin by the Shirley Village Collective. For this project, she teamed up with the nearby Bunnings, whose community team s....Read more
Troy Gutry
Troy Gutry hails from an exotic childhood. Growing up under the lush palms of the Fijian Islands and later amongst the flora & fauna of Waiheke Island. Creatively, blessed with a mixture of Fij....Read more
Sheyne Tuffery
Sheyne received a Bachelor of Visual Arts from AUT in 1995 and his Masters of Fine Arts (honours) in 2000 from The University of Auckland. Since graduating, Sheyne has received a number of awards, res....Read more
Sarina Dickson
Sarina Dickson is a Christchurch based writer, artist and educator. She has two new picture books due for release in 2021 with Hachette. Sarina was a part of Wild in Art events, Christchurch Stands....Read more
Sarah Greig
Sarah is a freelance artist, illustrator and shoe designer based in Ōtautahi, Christchurch. You'll often find her watercolour painting our native birds and local landscapes or doodling up design....Read more
Bright, eye-catching colours have always been a love of Rebekah's. Because of this, painting has been a hobby of hers since an early age as it was a way to put together those colours in new and creati....Read more
Rebecca McNab
Rebecca McNab has worked with a wide range of media, including pastel, printmaking and painting. She also has a strong digital art practice. Rebecca's work is highly conceptual, exploring subjects as....Read more
Penny Cameron (Cameo Crafts)
Penny Cameron is a Nelson based artist working predominantly in stained glass, but also mosaic, fabric and jewellery making as the mood takes her. Penny was blessed with being the daughter of a ver....Read more
Olivia Andrews (Quill & Arrow Collective)
A Graphic Designer by trade, Olivia Andrews has been working in traditional and digital methods for the past 17 years. She enjoys all forms of art and design and finds it both 'therapeutic and exhilar....Read more
Nick Lowry
Nick Lowry is an art director and mural artist who has completed large scale murals around Christchurch and engaged in various public art projects. He aims to use his experience as a scenic artist for....Read more
NEST Arts Collective
NEST Arts Collective aims to support and promote the creative practice of makers and creators in North Canterbury. By working together to build a creative haven, inspiration incubator and launchpad fo....Read more
Morgan Mathews-Hale (Kaitiaki Studios)
Kaitiaki Studios is an ever-evolving space of artistic development led by Artist/Designer Morgan Mathews-Hale. Kaitiaki is the Te Reo Māori concept of guardianship; Kaitiaki represents care and consi....Read more
Mel Eaton
Mel is a multidisciplinary artist who enjoys making objects and images that often create a double take and sense of wonder. Working with anything and everything from painting to digital work, sewin....Read more
McChesney-Kelly Adams
McChesney-Kelly Adams is a multi-disciplinary artist from Christchurch. She is focused on subjects such as life and in most of her works you will see animals, portraits and plants. She is dedicated to....Read more
Martyn Giles
Martyn has has always been a bit of a creative individual specialising in airbrush art and sign writing. He has now turned his attention to design and full wrapping of vehicles and the thought of havi....Read more


The ideal blend of forgiveness, control and feel from the cavity back & strategically positioned COG. An absolute steal at this price.
The Nike VR Pro Cavity series were designed for those golfers seeking more distance and forgiveness than was achievable from Nike forged irons.


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Vladimir Popov (; * 6. ledna 1962) je bývalý sovětský zápasník a reprezentant v zápase řecko-římském. V roce 1988 na olympijských hrách v Soulu vybojoval v kategorii do 90 kg bronzovou medaili. V roce 1987 zvítězil na mistrovství světa a v roce 1987 a 1989 se stal mistrem Evropy. Vše v kategorii do 90 kg.

Externí odkazy

Sovětští zápasníci
Sovětští bronzoví olympijští medailisté
Narození 6. ledna
Narození v roce 1962
Narození v Barnaulu
Žijící lidé
Muži

redpajama_set_name: RedPajamaWikipedia


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Facts About Northern Ireland
11 March 2022 19 November 2021 by Tiffany Macbeth
Tiffany loves to travel and learn about the countries of the World.
During her travels she discovered lots of interesting facts about Northern Ireland.
Northern Ireland is a province that forms part of the United Kingdom and Great Britain. It has a border with the Republic of Ireland The map below shows the main cities of Northern Ireland.
What is the flag of Northern Ireland?
The official flag of Northern Ireland is the Union Flag (below, top right). The same flag as that of the United Kingdom of Great Britain and Northern Ireland. However, many people in Northern Ireland prefer to use the Ulster Banner.
What is the capital city of Northern Ireland?
Belfast is the capital of Northern Ireland with a population of around 2 million people.
This is a picture of the City Hall in Belfast, the capital city of Northern Ireland.
Belfast is built on the River Lagan and is a port. The Titanic was built in Belfast and the dockyard has been preserved.
Other famous landmarks in Belfast include:
Big Fish Sculpture, City Hall, Crown Liquor Saloon, Crumlin Road Gaol, Falls Road, Shankhill Road, Stormont parliament building.
What is the longest river in Northern Ireland?
This is a picture of Northern Ireland's longest river, the river Lagan. The picture is taken from the site of the Titanic docks looking out to sea.
The River Lagan is 70km (43 miles) long.
Lakes in Northern Ireland are called loughs. The largest in Northern Ireland is Lough Neagh. It is a freshwater lake measuring 30km (18.64 miles) by 15 km (9.25 miles)
What is the highest mountain in Northern Ireland?
This is a picture of Slieve Donard Northern Ireland's highest mountain. It can be found in the Mourne mountains in County Down. It is 850 metres high (2,789ft).
What is Northern Ireland famous for?
The infamous ship, The Titanic, was built in Belfast and the site of the dockyard has been preserved.
The buildings to the left of this picture are the original offices and drawing rooms of the shipbuilder company Harland and Wolff. The long poles either side of the picture are all that is left of the gantry where Titanic and her sister ship Olympic were constructed in 1911-12. The modern building is the new Titanic Museum that was opened in 2012 to mark the centenary of the disaster.
Northern Ireland is also famous for The Troubles. This was a series of violent clashes between Unionists – those mostly Protestants who want to remain a part of the United Kingdom of Great Britain and Republicans – those mostly Catholics who want to leave the United Kingdom and be united with the Republic of Ireland.
Fighting continued from the time Northern Ireland was partitioned (separated) in 1920 to 1998 when a peace was reached called The Good Friday Agreement. In the late 1960s the fighting was so bad that the British army was called in to help keep the peace.
In both Belfast and Londonderry wall murals tell the story of the rivalry and fighting.
What other Things Associated with Northern Ireland?
Giants' Causeway – a series of basalt columns caused by an ancient volcano that can be seen on the north east coast in County Antrim
Orange Order Parade – Held yearly on 12th July members of the Protestant Orange Order hold a parade to celebrate William III's victory at the Battle of the Boyne in 1690
Can you name some famous Welsh People?
Here are Tiffany's top 20 famous people from Northern Ireland:
Alex (Hurricane) Higgins, Bernadette Devlin, Bobby Sands, C S Lewis, Denis Taylor, Gary Moore, George Best, Gerry Adams, Ian Paisley, James Galway, James Nesbitt, Liam Neeson, Mary Peters, Nadine Coyle, Oscar Wilde, Pat Jennings, Rory McIlroy, Seamus Heaney, Thomas Andrews, Van Morrison
As you can see Tiffany has discovered a lot of facts about Northern Ireland. She summed up her visit with the following keywords:
Belfast, Big Fish, Carrickfergus Castle, Catholic, Dockyard, Giant's Causeway, Good Friday Agreement, Lagan, Londonderry, Lough Neagh, Marble Arch Caves, Mourne Mountains, Murals, Orange Order, Peace, Port, Protestant, Ships, Slieve Donard, Stormont, The Troubles, Titanic
Categories Europe Tags Europe
Facts About Wales
Facts about the Republic of Ireland
S. America (1)
Spain Facts Geography, Travel, Food
Argentina Facts, Geography, Travel, Food
Facts About the Netherlands
Facts About Iceland
Facts About France
Facts About Scotland
Facts About England
Advertising Disclosure - To help meet costs, we run advertisements across our site, including affiliate links to 3rd party retailers. A small portion of any purchases from these sites goes directly toward funding and supporting this site.
Copyright © Tiffany Macbeth 2021 All Rights Reserved


About: I am a thirty something female from Chicago who loves to ride scooters. My partner and I have two Vino 125's and an ancient Honda Elite 150. I am trying to get a Chicago based "chick scooter gang;)" up and running for local rides, and then eventually we will help start a men's branch. I believe everyone on two wheels should take the safety course, wear safety gear, and NEVER ride impaired! I try to help new riders start off on the right track in regards to that.


This vibrational properties of the Amethyst pendulum will enhance the dowser's meditative state, increase focus and amplify connection to the subtle worlds.
The Amethyst pendulum will be useful for healing assignments and can act as a bridge between the dowser and the client whether in person or at a distance.
I carry two types of amethyst pendulums: a higher grade and the widely available regular cut amethyst which comes in the more familiar hues of mauve, lavender and purple. The higher quality amethyst tends towards the deeper violet range of color.
Amethyst crystal is a meditative and calming stone which works in the emotional, spiritual, and physical planes to provide calm, balance, patience, and peace.
Amethyst is considered an beneficial all-purpose stone that can increase spirituality and enhance intuition and psychic powers of all kinds. Amethyst is also excellent for meditation and lucid dreaming and is often used to open channels to telepathy, past life regression, clairaudience, clairvoyance, and communication.
Amethyst is also said to protect against psychic attacks, especially during spiritual work.
Amethyst promotes peacefulness, happiness, and contentment. It's also said to bring emotional stability and inner strength.
Amethyst is used to assist in breaking free from addictions to alcohol, drugs, and other destructive, compulsive behavior.
Amethyst has often been used to open spiritual and psychic centers and to enhance meditative states. Try placing amethyst under your pillow to enhance dreaming and astral traveling.
Amethyst is known as the "Bishop's Stone" and is still worn by Catholic bishops because it symbolizes piety, humility, sincerity and spiritual wisdom. The Amethyst is said to symbolize the Age of Aquarius.


there are some pictures we've seen a hundred times over.
Are you daydreaming of warm, beautiful beaches as winter rolls in? Yeah, us too. Consider this eye candy  or a guide for planning your next vacation!
stars you thought you knew so well, who are actually using stage names.


Arista understands the fast-paced environment that moves the food service industry.
We know that your successful kitchen is a complex machine with many moving parts that needs to maintain a steady rhythm to be productive. That's why Arista strives to keep your operation running smoothly by keeping your essential hot side equipment working at peak performance.
While you worry about feeding hungry customers, let Arista make sure that your equipment never misses a beat by providing quality, dependable commercial kitchen services.
Arista offers highly skilled technicians, a responsive and friendly support staff, and an up-to-date knowledge of today's premier manufacturers' equipment. Whether you need an emergency repair for a mission-critical item or cleaning and maintenance on all your hot side kitchen equipment, we'll be there when you need us and we'll get the job done right.
When a crucial piece of equipment breaks during a busy dinner shift, it's an emergency. Call Arista any time of the day or night, and we'll get there in a hurry and fix it fast.
To keep your hot side equipment working at its best, it needs periodic cleaning and inspection for failing parts and issues that could cause breakdowns. Maintenance is also important to keep you in compliance with NYC food safety regulations. We'll take care of it at a convenient time for you and give you the peace of mind that comes with knowing your kitchen is in tip-top shape.
Even if it's not an emergency, we understand that when things are not working right, you need them fixed quickly and reliably. In fact, we offer a one year parts and labor warranty on all commercial kitchen services. We can also offer dependable advice when you're facing a repair or replace decision.
The smartest food service owners and managers know that the best way to control repair expenses is with a commercial kitchen services maintenance contract. We custom-design each agreement for your needs, your equipment and your budget. Contracts can cover maintenance only, or can include repair parts and labor coverage.
Arista can take care of all your equipment service needs, including your refrigeration equipment and your HVAC systems as well.
Why choose Arista for commercial kitchen service?
24/7 emergency service to fix mission-critical hot side equipment anytime you need us.
1 year parts and labor warranty on commercial kitchen services.
The knowledge and experience to maintain and repair all the latest kitchen equipment technology and brands.
You can count on our techs to fix it right the first time.
Dedicated account manager who knows you, your business and your equipment history.


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La Pecora Ladra country house is situated in Montalto di Castro, in the southern Maremma region, on a hill overlooking the sea with a marvellous view of Argentario promontory and Giannutri island.
La Pecora Ladra extends over twenty hectares, surrounded by hundreds of age-old olive trees. It feature thirteen family-suite apartments, each one with garden and private terrace.
Twelve 'family suite' apartments are available, elegantly furnished and bio-air-conditioned, each one with its own terrace. Double or twin beds (45 sq.m) and possibility of an extra double bed. All apartments have two bathrooms with shower or tub, washbasin, WC and bidet, and a second bathroom with washbasin and WC. They also have a fully equipped kitchen, air conditioning, floor heating, satellite colour TV, direct line telephone, safebox and hairdryer.
The grand-family suite (200 sq.m) has both a terrace and garden for private use. It is equipped with all comforts, floor heating, air conditioning in all rooms, satellite colour TV, strongbox, hairdryer and direct line telephone. On the ground floor: an elegant lounge with fully equipped kitchen and dining area, a lavatory, a matrimonial suite with chimney and private terrace, en-suite bathroom with shower, walk-in closet. On the first floor: room with double bed and en-suite bathroom, room with twin beds and en-suite bathroom.
A beautiful swimming pool with a whirlpool bath, which is bio-heated in the cooler months, a wellness centre, a café and a club house serving traditional dishes based on the local Maremma recipes are the main services of La Pecora Ladra country house.
Among the activities you can do during your stay at La Pecora Ladra are: horse-riding, spa treatment in the nearby spa resorts of Saturnia e Viterbo, guided tours of the archaeological sites of Vulci, Tarquinia and Cerveteri, trips to typical medieval towns and to nearby cities of art, such as Rome and Viterbo.
Catering is arrange this way: Brunch at swimming pool edge with typical plates of Maremma, from 12,00 to 02.00pm. Dinner in common table at the Club House on reservation, with specialty of the house, from 07,30pm to 09.30pm. (max 10 people).
In October the olive harvest begin. We offer you the opportunity to hand- pick yourself olives in the morning from 9 to 3 p.m. At the end of the day, you are invited to the oil-mill to participate in pressing the olive into oil and you are allowed to keep 50% of the oil produced from the collected olives. A light brunch outdoors is included as well as a "bruschette" tasting at the oil-mill.