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11 Dec 2013, 5:54 am
This looks very interesting, says Merpel, but what a pity it is that this cause has chosen a name that shares its acronym with a CCC of a rather different nature, the Copyright Clearance Center -- which exists not as a lobbying group to pressure politicians into doing something about online theft but of legitimating use by facilitating copyright clearance and licensed use. [read post]
27 Sep 2013, 10:30 am
[Merpel wonders if comments from felines are also welcomed...] [read post]
3 Sep 2017, 10:54 am
"I just need a couple of minutes to do my hair" (Merpel)If you are interested in claim construction, PATENTLYO published two pieces on the topic, En Banc: constructing claims and Jepson Claims (Part II).Onto more practical issues, IP Draughts in Transactions in IP: an incoherent, statutory mess, points out at the incoherences and shortcomings of the provisions regulating IP transactions in the UK and also raises some important questions on the matter.Is Article 3(d) of the SPC… [read post]
31 Jul 2014, 12:00 am
In any case, as readers might probably remember, the de minimis rule as per Recital 35 to the Directive is among the issues at stake in the pending Copydan reference [Merpel, who likes drama, says: it would be fun if the Court of Justice had a different opinion from UK Government and IP profs ...]. [read post]
21 Nov 2012, 8:51 am
[On the other hand, Merpel asks, what is "Open Innovation"? [read post]
20 Feb 2022, 11:30 pm
Merpel wonders if that response might appear in forms other than formal WTO proceedings, whether by way of further Court guidance or decisions coming from the Chinese courts or the inflammation of already tense trade relations. [read post]
28 Jun 2015, 4:53 am
Arnold J urged the parties to agree a joint approach to the pharmacies.Warner-Lambert is allowed to expand its confidentiality club by one further person, but not two.Evidence of the common general knowledge in the prior art of off-label use of gabapentin (a chemically similar compound) for the treatment of pain is not to be admitted, because of the lateness of the request to admit [Merpel thinks that this could be quite significant]Evidence about the degree to which pregabalin is… [read post]
23 Apr 2015, 8:08 am
It has been a quiet day so far, and Merpel was busy taking a nap in the sun when the following media release came in from the European Patent Office (EPO). [read post]
4 Mar 2014, 10:05 am
Hmm, wonders Merpel, just how did Kaliningrad manage to get into Russia ...? [read post]
12 Nov 2015, 9:35 am
Merpel suggests one of a number of possible causes:the questions asked by the Belgian court were so difficult and intellectually taxing that the CJEU really needed all the time it could get in order to sort its answers out; the legal points made at the hearing stage were sufficiently novel and unexpected that the CJEU had to look afresh at its preliminary opinion; the case was so boring that the CJEU could scarcely face looking at it and left it till its supply of the… [read post]
31 Mar 2014, 9:40 am
Merpel notes that this ruling and that of the OHIM Second Board of Appeal are not necessarily contradictory, even if they reach opposite conclusions: the degree of flexibility open to courts in Europe is vast, despite two decades of rampant harmonisation. [read post]
22 Apr 2014, 4:28 am
Merpel is amused that the translated title promises "expensive patenting".2. [read post]
18 Apr 2013, 10:07 am
This Kat -- who thoroughly enjoyed the experience of attending a conference where name-badges were not supplied because everyone seemed to know everyone else -- came away with two particular thoughts: (i) how effectively a debate can explain and highlight legal issues, rather than having one speaker filling the available time with his own, unchallenged thoughts [watch this space, adds Merpel -- a report on the trade mark/design law overlap, keenly debated by katfriends Alex von… [read post]
17 Mar 2014, 5:34 am
A correspondent (to whom a Katpat - you know who you are) has alerted the IPKat to news of a STRIKE planned at the EPO, and so Merpel went to investigate.Just a year ago, readers will recall, examiners at the UK Patent Office Intellectual Property Office were taking industrial action over pay and progression. [read post]
9 Aug 2016, 8:57 am
Somewhat, but not completely revealing,Merpel impersonates a defendant's voluntary infringement evidence....September seems to be the month of mock trials, with at least three in the works as far as the AmeriKat is aware. [read post]
3 Mar 2014, 3:35 pm
In all this, Merpel wonders whether copyright subsists in this selfie at all, ie whether the selfie is sufficiently original. [read post]
17 May 2016, 10:11 am
(Merpel notes that the referendum on whether the UK stays within the EU and therefore the UPC will have taken place the day before this session, so that should be quite exciting. [read post]
24 Jun 2023, 9:26 am
Summer has officially started, and here are the latest news and events.Advocate General Medina’s Opinion A Kat looking for new IP opportunitiesImage via Pexels The IPKat is happy [while Merpel is a little bit jealous] to see its name cited in Advocate General Medina’s Opinion (22nd June 2023) in relation to Case C‑588/21 P. [read post]
4 Jul 2018, 5:53 am
Between 2014 and 2017, the IPKat’s Merpel provided the IP community and the general public with information and insights from the unrest and management issues at the European Patent Office (EPO). [read post]
11 Feb 2014, 2:13 pm
It will deter online retailers from promoting alternatives to products that they do not sell and it will restrict how retailers use search engines on their own sites as well as third party search engines for marketing purposes [Merpel's not so sure. when you think how many retailers do promote alternatives to products that they do not sell, how much money they appear to make and how rarely any actions against them ever get to court, she thinks they'll need an awful lot more deterring than… [read post]
