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13 Dec 2013, 12:24 am
 [It comes as handy, muses Merpel, to have the same body drafting, negotiating, and applying the Regulation, especially in times of austerity and budget cuts]Not a relaxing summerAt the very beginning of last summer, Eleonora covered the intriguing novel (or drama?) [read post]
12 Dec 2013, 7:12 am
At base, for an active ingredient to be regarded as ‘protected by a basic patent in force’ within the meaning of the SPC Regulation, that active ingredient needn't be identified in the claims of the patent by a structural formula -- a functional formula will do just as well, so long as you can conclude, on the basis of those claims, that they relate "implicitly but necessarily and specifically" [these words tempt further references to the CJEU, thinks Merpel] to the active… [read post]
11 Dec 2013, 1:16 pm
Merpel, who is quite a supermarket-watcher at heart, is sure that both Dunnes -- no stranger to intellectual property litigation in recent times [its shamefully protracted battle over allegedly copied Karen Millen Fashions, which the chain first lost in 2007, has still to receive a ruling sought from the CJEU in Case C-345/13] -- and Tesco are both likely winners in these skirmishes with Aldi in the € 9 billion Irish supermarket sector. [read post]
11 Dec 2013, 11:43 am
I can forgive the misspelling of “trade marks” [Merpel can't ...], but where is the reference to patents? [read post]
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]
10 Dec 2013, 11:53 am
Apparently the answer is yes, as Katfriend and young IP enthusiast Dorothea Thompson (Davenport Lyons) explains:"A well-placed paper cut can be one of the more painful occupational hazards of the office-dwelling IP practitioner [but also cats, explains Merpel]. [read post]
10 Dec 2013, 7:52 am
 In section 285 (a), the bill states:The court shall award, to a prevailing party, reasonable fees and other expenses incurred by that party in connection  with a civil action in which any party asserts a claim for relief  arising under any Act of Congress relating to patents, unless the court  finds that the position and conduct of the non prevailing party or  parties were reasonably justified in law and fact or that special  circumstances (such as severe economic… [read post]
9 Dec 2013, 5:36 am
But naturally both Merpel and the IPKat welcome any news whether by posting comments or by email. [read post]
9 Dec 2013, 3:13 am
The blogpost goes on to examine arguments that these restrictions are not only a contravention of the constitutional protection of property under South African law but also infringe the principle of freedom of commercial speech [says Merpel: it would be foolhardy to ignore the constitutional dimension to IP law in South Africa in light of the ruling of the country's Constitutional Court in SABMiller v Laugh It Off, the famous 'BLACK LABEL/BLACK LABOUR' dispute, noted here. [read post]
9 Dec 2013, 12:27 am
Accordingly the relevant public consisted only of that specialist public [Merpel, who has never seen any Solvo software in her favourite games shops, thinks this must be right]. [read post]
7 Dec 2013, 10:34 am
 Merpel had thought of submitting her own application, but decided not to. [read post]
7 Dec 2013, 9:23 am
 Merpel's Google search for Office for Harmonisation in the Internal Market with the "s" received 758,000 hits to Office for Harmonization in the Internal Market's 631,000. [read post]
6 Dec 2013, 1:21 am
This Kat thinks that this would be the best solution to complement what is already a single market for copyright-related products and services ...Overall, Merpel is a huge fan of public consultations. [read post]
6 Dec 2013, 1:04 am
 The recent high-level UK China initiative [Beggars to Beijing, murmurs Merpel] brought in not only £5.6 billion in trade deals but a new UK-China patent agreement, described as "a boost for UK businesses". [read post]
3 Dec 2013, 12:57 pm
  The focus groups will be scheduled as follows: London, UK, Pullman London St Pancras [don't be fooled, says Merpel, this Pullman is an hotel, not a train] (opposite the British Library), 100-110 Euston Road, London NW1 2AJ, 9 December 2013 at 8.00, 17.30 and 19.30 and on 10 December 2013 at 8.00, 17.30 and 19.30. [read post]
3 Dec 2013, 2:13 am
Either way, the Subcommittee’s Report contributes some useful and interesting illumination to a topical issue [Merpel thinks the report won't contribute any illumination in a black hole, but that's another matter]. [read post]
1 Dec 2013, 4:15 pm
The Investigating Judge added that the list of domain names to block had to be determined by the regional police and the Belgian Federal Computer Crime Unit (the 'FCCU') [Merpel keeps thinking that 'FCCU' must be rude, but can't quite work out why ...] following the "reverse IP domain check" technique or any other "material technical observation" of redirection. [read post]
1 Dec 2013, 1:13 pm
Including an original introduction [it's strange, thinks Merpel, that an eight and a half side description of topics are included in which Section of the book should be flagged as a potential selling point] by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection".While there is much to commend both… [read post]
29 Nov 2013, 5:10 am
 SOLO IP has already commented here and here, bu what is needed is some serious responses, on or before the deadline of 5 pm on 17 March 2014 [Merpel, who numbers many practising patent attorneys among her friends, is certain that most of them will respond at around 4.59 pm on 17 March, while a small number will apply for an extension of time].The organisers of the "From IP to NP" International Conference, held in Tel-Aviv earlier this month and extensively covered on this weblog,… [read post]