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28 Nov 2013, 2:28 pm
The current proposal does not introduce procedures to address this issue [In that case it isn't going to change much, is it, Merpel thinkd]. [read post]
28 Nov 2013, 2:00 am
  [Merpel licks her lips in anticipation of eating a dinner of roasted turkey, a traditional part of the Thanksgiving meal.] [read post]
28 Nov 2013, 12:18 am
 So:Still investigating: Merpel can't really decide1) Is a spa more akin to a hotel or a dentist waiting room? [read post]
27 Nov 2013, 11:04 am
Merpel, like the IPKat, is always happy to dispense unsolicited advice -- but it's even nicer when someone asks her opinion. [read post]
27 Nov 2013, 7:23 am
 Merpel goes even further, setting out suggestions as to some of the essential elements of any training programme for the UPC judiciary -- though she doubts that any people who spend year after year learning the law and decades practising their skills will be turned into fully-functioning UPC judges in just two days, particularly in view of the high quality of the Hungarian hospitality she has enjoyed in the past. [read post]
26 Nov 2013, 2:47 pm
Merpel, who nurses a deep and longstanding affection for Latin, is thrilled to see that the courts are still allowed to say "contra preferentem", even though so many Latin terms were excised from English legal terminology in the wake of the Woolf reforms. [read post]
26 Nov 2013, 1:29 am
 Merpel is also trying to work out - but so far without much success - what factual situations would result in a different outcome under the Glaxo guidelines and the current guidance. [read post]
25 Nov 2013, 2:45 pm
  The European Patent Office has already acknowledged the patentability of such organisms (T356/93; T19/90 [a.k.a. the oncomouse, notes Merpel]) and the plant and animal variety exclusions (Rule 27 of the European Patent Convention, EPC) are not difficult to avoid provided that "the technical feasibility of the invention is not confined to a particular plant or animal variety" (Rule 27(b) EPC). [read post]
25 Nov 2013, 7:10 am
 Merpel has it on impeccable authority that the case has now settled and the substantive trial is not now to proceed. [read post]
24 Nov 2013, 3:35 pm
Merpel to the rescue as criminaldesign debate turns rough ...Way back on Friday 8 November, fellow Kat Darren reported (in "Debate - Should the UK have criminal penalties for design infringement?") [read post]
21 Nov 2013, 4:10 pm
Now that we've looked at the bits of the wikileaked text of the Trans-Pacific Partnership that govern its General Provisions (by Alberto Bellan, here), Copyright (by Angela Daly, here), and Trade Marks (again by Alberto Bellan, here), it's time for patents -- and who better than our good friend, PatLit blogger and former guest Kat Stefano Barazza, to take on the subject for us. [read post]
21 Nov 2013, 7:13 am
Therefore he found "it surprising [as everybody else did, muses still-shocked Merpel] that the Court of Justice has decided to proceed to judgment in the Svensson case without the benefit of an Advocate General's opinion." [read post]
21 Nov 2013, 4:22 am
This Opinion is not yet available in English, but this Kat's computer didn't even wait to be instructed and turned the entire text into an unofficial but navigable English translation, on which the following is based.Coty Germany makes and sells perfumes and cosmetics in Germany, including a women's fragrance [As a Kat, Merpel has always found this term strange: it ought to mean 'the fragrance of more than one woman', while the thing being made and sold doesn't smell of women at all ...] in… [read post]
21 Nov 2013, 3:12 am
 In the meantime, Merpel comments that, as EPO proceedings seem to get slower and slower, while the commercially valuable life of a patent shrinks and British patent proceedings get faster and faster, prospects of securing a stay of British proceedings ahead of a definitive validity ruling should become increasingly remote. [read post]
20 Nov 2013, 3:36 pm
 Merpel, putting aside for a moment all her wonderful witticisms combining the words 'cook' and 'bird', hopes that his new colleagues at WilmerHale will waste no time in replacing the photo of Trevor on their website with one that makes him look a little less perplexed.Around the weblogs. [read post]
19 Nov 2013, 9:48 am
In their view:* So far as the figurative mark NOW was concerned, this word -- which was the only meaningful feature of the mark since the non-verbal elements were pretty nondescript -- was capable of being descriptively used of a characteristic of the service [the fact that it is 'instant' and 'immediate', though aren't these characteristics so capable of describing so many services that most people would never think of using them as trade marks, which in a weird and wonderful way would make them… [read post]
18 Nov 2013, 10:45 am
 a post-doctoral researcher, or person with equivalent experience [this raises an interesting question: what precisely is an equivalent to post-doctoral research, wonders Merpel. [read post]
17 Nov 2013, 1:25 pm
 Alberto, by the way is not just a Katfriend: he is a Ph.D. student at the University of Milan [why do so many Italians make good bloggers, Merpel wonders?]. [read post]
16 Nov 2013, 7:14 am
This distinction concerned the level of originality required to obtain copyright protection in German copyright law:  works of purpose free art (that is proper Museum type art, Merpel helpfully adds) attracted copyright protection much more easily, whereas works of applied art (these are designs of banal everyday things, Merpel explains) had more of an uphill struggle to be protected under copyright law. [read post]
14 Nov 2013, 9:00 am
How long will it be, Merpel wants to know, before it is misconstrued, misapplied or mistaken for something completely different -- a football chant, perhaps]. 37 The concept of ‘change in the economic behaviour of the average consumer’ lays down an objective condition. [read post]