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29 Jul 2014, 7:31 am
Merpel is quite fascinated with this. [read post]
28 Jul 2014, 7:31 am
Merpel is a kitten that everybody in the IP Community knows, but this familiarity does not in any sense lessen her ability to spring a surprise. [read post]
28 Jul 2014, 4:02 am
Merpel exclaims: but where does this assertion come from?] [read post]
27 Jul 2014, 1:19 pm
So they decided to simply ignore it, and venture forth into more distant territories, such as Tunisia which, last time Merpel checked, was not by any geographical or political criterion known to be part of Europe.The national religion of Eponia is contained in a document known as the European Patent Convention, whose Articles (far more numerous than the Church of England's mere 39) are held to have been dictated directly into the ear of Blessed Bob van Benthem by a… [read post]
25 Jul 2014, 9:33 am
", wonders Merpel] and social events. [read post]
24 Jul 2014, 12:30 pm
For sure, says Merpel: what can you expect of humans? [read post]
24 Jul 2014, 3:27 am
Merpel's favourite kind of linkingOf course it did. [read post]
24 Jul 2014, 3:00 am
Merpel finds the litigation literally instructive: before it started, she knew about the "glee" programmes but hadn't heard of the Comic Enterprises' Glee Club.Comic Relief hereMore on this case from the Nottingham Post, the Birmingham Mail and Bloomberg. [read post]
23 Jul 2014, 2:50 pm
While his memory is good enough to recall the days when the choice of top-level domain was really quite important, it's not good enough to recall the last time he actually typed a whole domain name into his browser, or even paid attention to the top-level domain: his habits are determined by long familiarity with the advantages of search engines and his skill, whether intuitive or intellectual, in identifying the fastest way to find his target sites [very good, says Merpel, but… [read post]
23 Jul 2014, 10:36 am
Well, says Merpel, then it may be a problem of ... competition? [read post]
23 Jul 2014, 7:30 am
Merpel adds, there may be a time when such marks can be registered -- but won't that be when they are no longer likely to be associated by victims of a disaster or tragedy with the event in question, or where there is a prevalent secondary meaning? [read post]
23 Jul 2014, 1:25 am
Mr Angelucci and his son Giampaolo sued Wikimedia over allegedly defamatory information regarding themselves and published on Wikipedia, each seeking damages for EUR 10m [Merpel could not help but notice that the counsel for the Angeluccis was a certain Antonio Conte. [read post]
21 Jul 2014, 10:32 am
Although the reasoning of the Court is slightly different, for it found that (i) the preparatory works of the Munich Convention show that there was an intent to avoid that national courts be bound by EPO decisions, (ii) no section of the Munich convention provided that EPO decision had res judicata over national courts, and (iii) based on Section 22 of EU Regulation 44/2001, a national court has sole jurisdiction to revoke the national part of an European patent.Unfortunately (for the sake of law of… [read post]
21 Jul 2014, 6:35 am
The Kat, together with Merpel, just wanted to take this opportunity to say another big "thank-you" to their readers from all around the world who have kept on visiting their blog and whose comments, criticisms and witticisms have both educated them and enriched their understanding of IP and how it works.Thanks are also due to the many regular and guest Kats past and present, plus our occasional guest contributors, for keeping a regular flow of at least passably interesting… [read post]
21 Jul 2014, 6:01 am
In the end, the Tribunale only accepted Delta’s claim that YouTube should use Content ID to prevent further alleged infringements, by using the reference files at the URLs specified in Delta’s earlier formal request to block new identical contents.Wait a second, says Merpel: isn’t this already one of the options from which rightholders using Content ID may choose from? [read post]
21 Jul 2014, 2:09 am
The IPKat, Merpel and the whole of the blog team offer their condolences to John's family, friends and colleagues. [read post]
18 Jul 2014, 4:34 am
Merpel adds: readers' comments won't be "be published, sold or used for sales purposes" -- but it doesn't say that they'll be read either ...Some people say that printing outblogposts to read them at your leisureenhances the reading experience ...Around the weblogs. [read post]
17 Jul 2014, 7:10 am
Apparently Ms Kroes thinks that the draft White Paper is not ambitious enough [well, says Merpel, let's say it is not ambitious at all], and her views have found support in other Commissioners, including Màire Geoghegan-Quinn, who is the Commissioner for Research, Innovation and Science.Still according to the article, the White Paper has been sent back to officials for further inter-departmental consultations, with the intention of building greater consensus… [read post]
16 Jul 2014, 1:51 pm
An Answer to MaxDrei - the limitations of binding precedentThis is not what Merpel meantby "bound by precedent"In the third comment, MaxDrei asked whether concepts such as "technical" are better defined in a precedentally binding manner, or whether a degree of fuzziness at the margin of patent eligibility is preferable. [read post]
15 Jul 2014, 8:15 am
Secondly, there is always the tactic of “distinguishing”, i.e. arguing that the present case differs from the prior case in a materially relevant fact, and that this difference allows a different rule to be applied (this means, to Merpel’s amusement, that calling a case “highly distinguished” usually means the opposite of the compliment that the words might seem to mean).Practically, the system of binding precedent means that a good way to argue a case… [read post]
