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12 Apr 2013, 8:36 am
It would be great if we could rely on dictionaries and online translation programmes but, as Merpel points out, legal rulings are often highly nuanced and the use of dictionaries isn't always ever likely to bring out the deeper meaning of a page of legal reasoning. [read post]
28 May 2014, 3:47 pm
For example:Best in life sciencesLaëtitia Bénard, Allen & OveryCécile Derycke, Hogan LovellsPenny Gilbert, Powell GilbertMorag Macdonald, Bird & BirdLaura Orlando, Simmons & SimmonsLucinda Osborne, Covington & BurlingJustyna Wilczynska-Baraniak, DLA Piper WiaterBest in patent Nicola Dagg, Allen & OverySally Field, BristowsPenny Gilbert, Powell GilbertIsabelle Leroux, DentonsMorag MacDonald, Bird & BirdMorag Peberdy, Covington & BurlingSophie Rich,… [read post]
29 Jul 2016, 10:00 am
(Regrettably, notes Merpel, the product-by-process discussion of the first instance decision, which induced a not insignificant number of comments on this blog, is not discussed in the appeal judgement.)Genentech appealed against the first instance decision revoking a pair of patents on the grounds that the claimed subject matter is obvious. [read post]
6 Feb 2014, 8:14 am
Besides issues of incorrect or missing invoicing, all this has resulted in fewer music services being available to consumers across the EU, along with a slower uptake of innovative services and poor allocation of revenue to rightholders.Andrius will be finally able to choose whoshould take care of his repertoire(and his collection of leather jackets)Thus, this new directive intends to:Improve the way all collective management organisations are managed by establishing common governance,… [read post]
12 Aug 2023, 4:37 am
MISCELLANY Merpel McKitten re-published a book review ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’ by Bill Patry (Mayer Brown), as published by the Journal of Intellectual Property Law & Practice here. [read post]
23 Mar 2015, 3:38 am
I knew that already, sniffs Merpel].Beer brand borrowed. [read post]
17 May 2013, 5:01 am
Merpel sniffs the water forsigns of pollution*Yesterday the First Civil Senate of the German Bundesgerichtshof (BGH) -- one of the most active and influential national intellectual property courts you can ever hope to find in the new Europe -- referred a question regarding the framing of video content to the Court of Justice of the European Union. [read post]
27 Jan 2014, 7:41 am
Damages are quite another matter, he adds: the user of the patent would expect to pay for the privilege whether he was a licensee or not, so the question there is not so much a question of restriction as one of quantum.Don't be so narrowly-focused, says Merpel: there's far more at stake here than a question of what to about patent infringement. [read post]
30 Nov 2015, 1:49 am
Access providers could therefore be enjoined from providing access to sites hosting or linking to copyright infringing material if they knowingly (willentlich) provided the means to allow the infringement, provided they failed to take reasonable care ("zumutbare Prüfungspflichten verletzt").However, the interest of the copyright owners in protection of their property, the interest of the access provider in their business (Berufsfreiheit) and the interest of the consumers in the free… [read post]
31 May 2014, 4:01 pm
Merpel is ready to (text and data) mineOther essential changes will help organisations from charities to museums and archives both use and protect their own material.Intellectual Property Minister Lord Younger said:“These common sense reforms will update the UK’s copyright system for the digital age, and help to build and maintain public confidence and respect for copyright. [read post]
13 Oct 2013, 2:12 pm
One thing that this Kat admires about Roya is her determination to seek the truth and her willingness to say things even if she knows that they are not what people want to hear [that's two things, says Merpel ...]: "While the IP world keeps its focus on the implications of the US budgetary crisis on the IP system (see eg Katposts here and here), another country, certainly smaller in size yet still of importance in world politics -- Austria -- has also seen important political changes. [read post]
19 Dec 2013, 1:33 pm
.: shoes and dance.In 2010, after obtaining an authorization for a preliminary seizure (in French law “saisie-contrefaçon” is a feared tool against counterfeiters), REPETTO sued the company KARINE for copyright infringement and unfair competition on the basis of its copyright on shoes named BAYA, GARBO, GITANE, KURT and JUDITH, claiming infringement of two designs named FLORA and INFANTE [at least, the names are original muses Merpels]. [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]
22 May 2015, 6:31 am
Perhaps applications, like the one recently made in Big Bus (see Merpel report here), could assist the parties in determining the value of the action. [read post]
14 Jun 2013, 7:51 am
Merpel celebrates publication of the AG Opinion in Pinckney While busy thinking (as she constantly does) about online copyright-related issues, this Kat wanted to see whether there were any news concerning her long-time obsession (here and here) with Case C-170-12 Pinckney. [read post]
7 Jan 2013, 2:41 pm
Economists can do better [Merpel notes that IPKat readers often point this out.] [read post]
6 Nov 2013, 6:04 am
Merpel is more interested in Twitter'smascot than the service itself... [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]
6 Mar 2015, 8:23 am
Yesterday was a big IP day at the Court of Justice of the European Union (CJEU), with both the judgment in Copydan (private copying levies) [here] and the Opinion of Advocate General Jääskinen in Saatgut-Treuhandverwaltungs (plant variety rights) [here].However, while browsing the Curia calendar and press releases, this Kat's attention was drawn to another case which, although not strictly IP-related, might be very relevant IP-wise, especially for copyright aficionados… [read post]
24 Sep 2013, 2:29 pm
[Merpel asks: Wasn’t the last French president a bit of a performer too?] [read post]
