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3 Jul 2021, 4:08 am
The author emphasizes that it can be read chronologically or directly move to Part II, in which the proposed reforms are discussed.Nevertheless, it is highly recommended not to skip Part I, in which Gervais provides a thorough analysis of the copyright system while identifying its structural flaws in light of the emerging new technologies, with a special focus on the online environment.Therefore, in Part I, some key concepts of copyright such as originality, fixation, authorship, and the three-step… [read post]
2 Jul 2021, 2:43 am
[There are exceptions: Merpel recalls arguments made on IPKat about Glenn Gould and users rights, here and here]. [read post]
26 Jun 2021, 2:59 am
The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel....). [read post]
10 Jun 2021, 12:25 pm
[Merpel wonders whether Chanel’s action was motivated by the possibility that the public does perceive Huawei’s mark rotated when affixed to either its eyewear (on the temples/temple tips) or watches collections].The notable takeaway of the decision is that concerning the relative grounds for refusal established in Articles 8(1)(b) and 8(5), the comparison of the signs must be carried out in the form in which they are registered and applied for, without considering any potential… [read post]
2 Jun 2021, 12:22 pm
Merpel McKitten provided all the details on the Digital Scholarship Institute. [read post]
21 May 2021, 11:00 am
Indeed, it had originally appeared in a public place, where it was free to be photographed by the public, and subsequently made available in digital form by Banksy himself for public personal use – meaning that the mark could not fulfil the basic function of a trade mark of denoting goods’ shared source [Merpel purrs in approval at a 2011 Kat post being exhibited at ARW7].As a result, Full Colour Black claimed that there were two possible bad faith goals at play: one, to… [read post]
19 May 2021, 11:49 pm
by Daniel Gervais*While Merpel got her vaccine ...I have been asked many times what I make of the debates about the TRIPS waiver. [read post]
17 May 2021, 12:45 am
Because we are all facing information overload especially in these times, so Merpel meowed at the AmeriKat to cut through all the noise and just get to the point. [read post]
10 May 2021, 1:00 am
In a straw man [Merpel: or "straw person"?] [read post]
27 Apr 2021, 1:22 am
Indeed, despite his final decision, Hacon HHJ himself was obviously sympathetic to the plight of the patentee: "Mr Claydon had to test his prototype, nobody saw any of the testing and I entirely understand why he believed that his invention was not publicly disclosed" (para. 102) [Merpel: Indeed, what was the inventor expected to do, test his seed drill indoors?] [read post]
15 Apr 2021, 9:57 am
In the spirit of the IPKat, the goal is to learn from each other, debate the issues and drive the discussion forward and, as Merpel's mom always said, this is the space to "disagree without being disagreeable". [read post]
13 Apr 2021, 1:31 am
This Kat wonders if the highly-anticipated Mercer Review of the UK patent examinations (IPKat) will make a similar acknowledgement [Merpel: Speaking of which, where is the Mercer Review?]. [read post]
14 Mar 2021, 7:52 am
Cabo attempted to launch its product 2-3 months later in April/May 2017 by arranging for [and Merpel hates that this is now a thing] a "child influencer" to review the toy on YouTube. [read post]
17 Feb 2021, 4:31 am
[Merpel notes: How can anyone forget the 165-page footnote that John Hodgson, a 19th century British author, wrote in his “History of Northumberland”.] [read post]
16 Feb 2021, 6:04 am
Merpel's favourite platformsNearly two years have passed since the adoption of the Directive on copyright in the Digital Single Market 2019/790 (DSM Directive). [read post]
9 Feb 2021, 11:09 am
A similar [Merpel: and some would say commonsensical?] [read post]
7 Feb 2021, 6:22 am
[Merpel muses: might not this interconnection between product and person in a nostrum suggest the moral right in the copyright regime, where the creator’s self is part and parcel of the work itself.]The term “nostrum” was also used as a type of synonym for “patent medicine”. [read post]
26 Jan 2021, 1:24 am
[Merpel notes that forthcoming clarifications to questions concerning the MiCAR were already promised during the workshop.] [read post]
18 Jan 2021, 12:54 am
Any parties needing to be further dissuaded from attending Board of Appeal oral proceedings in person, might note that the canteens in Haar and the Isar building have also now been closed until further notice [Merpel: Are there any other places to eat lunch in Haar?]. [read post]
14 Jan 2021, 6:02 am
This Kat has been particularly struck by the efforts of print icons to gain a foothold in the podcast space for that purpose.Most notably, perhaps, is the daily podcast offered by The New York Times, entitled “The Daily” [Merpel says: “Who says that lack of distinctiveness in a name can’t be valuable”?] [read post]
