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24 Apr 2024, 11:30 am
[Merpel: for more detail, the Nadorcott case was previously discussed on the IPKat here]An appeal was lodged before the Court of Appeal of Milan, where it was finally possible to submit the jus interveniens constituted by the horizontal principles laid down by the CJEU in Nadorcott, arguing that the arbitration awards had to be dismissed as a consequence of the exhaustion of Sun World’s PVR rights after the payment made by Mrs. [read post]
1 Apr 2024, 8:33 am
As Merpel was wading through the usual analysis, she stumbled across a novel topic in a post from her Parisian Kat friend, Lionel Martin (August-Debouzy) posing the question as to whether the Court of Appeal's panel composition is in breach of the European Convention of Human Rights (ECHR) - and whether anyone would care enough to challenge it.Over to Lionel:"Since its opening this June 1, 2023, very few cases have reached the appeal level, and even fewer have been subject… [read post]
12 Jan 2024, 12:41 pm
Merpel has noticed a trend, particularly amongst London patent lawyers, to take up cycling as their sole means of scooting around to various IP events and meetings. [read post]
8 Dec 2023, 12:15 am
At the same time, the BoA heavily relied on the General Court’s findings in the earlier T-395/14 ruling.As Merpel noted in 2015, the only indent of Art. 7(1)(e) that has not been examined for Lego minifigures is the prohibition of shapes (and, though not applicable to pre-2017 EUTMs, also of other characteristics) which give substantial value to the goods (Art. 7(1)(e)(iii)). [read post]
21 Oct 2023, 1:00 am
Merpel wonders, though, if correspondence will start to be written in local languages to avoid that argument being raised again. [read post]
13 Oct 2023, 3:38 am
[Merpel says, "If you want to attract global litigants to a new pan-European Court, not having English language translations of the first decisions is probably not the best start (nerdy comments re the UPC language rules need not apply). [read post]
4 Sep 2023, 1:05 am
[Merpel admits to finding the whole decision rather bizarre, given that both the marketing authorization and the patent in the case were directed to safinamide as an add-on therapy to levodopa, as supported by the clinical data]. [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]
3 Aug 2023, 11:55 am
Despite being a GuestKat, Alessandro is actually more of a dog person in real life (don’t tell Merpel!) [read post]
8 Jul 2023, 12:01 pm
This prevents artificial inflation of future rates ([563], [564]).This Kat has understood that the Judge's comments on limitation periods has caused the most raised eyebrows and, to Merpel at least, seems to be supplementing the judicial determination of global FRAND terms by English Courts with the will of legislatures, both domestic and foreign. [read post]
27 Jun 2023, 7:29 am
The IPKat, Merpel, the AmeriKat and the entire pride of Kats wish to take this opportunity to express their thanks for the 15 years of contributions by Neil. [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]
9 Jun 2023, 9:16 am
Well, yesterday was no exception, as the official photographs of the day also attest (the photographer is Neil Graveney).This is the first of a series of posts reporting on the conference proceedings.WelcomeThe event started with words of welcome delivered by our host David Stone, Hayleigh Bosher and myself (also to celebrate the very recent release of our edited collection Developments and Directions in Intellectual Property Law. 20 Years of The IPKat (Oxford University Press, 2023)), as well as… [read post]
29 May 2023, 9:14 am
The chapter is based on the case of a circular beach towel, protected by a US utility patent and a US design patent, which caused this Kat to recall her MA studies, where Musker lectured on this case [Merpel notes, "I guess this hypothetical was more grounded in reality. [read post]
22 May 2023, 7:03 am
Book reviewsHayleigh Bosher reviewed the book entitled “Research Handbook on Intellectual Property and Cultural Heritage” edited by Irini Stamatoudi.Other Merpel issued the latest Katcall as the IPKat is seeking Expressions of Interest for GuestKat and InternKat posts. [read post]
12 May 2023, 8:19 pm
., issues relating to AI and copyright), and the Government will embark on a new round of copyright review exercise to study issues that are yet to be addressed in the current amendment.We remain hopeful that this amendment and any upcoming (Merpel: yet not too distant) amendments will continue to strengthen Hong Kong’s position as an IP trading hub in Asia. [read post]
12 May 2023, 3:00 am
Merpel only knows one computer language - TunaOSBack in March, Mr Justice Zacaroli handed down his decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd [2023] EWHC 581 in a copyright infringement and misuse of confidential information claim (and the accompanying employment contractual issues) relating to computer software which assists in manufacturing quality assurance. [read post]
24 Apr 2023, 5:55 am
Well, there is another topic for WIPO to sink its teeth into", mews Merpel. [read post]
11 Apr 2023, 1:41 am
Amazon's CEO Andy Jassy is reported to have sent a memo to Amazon in January, stating that “In November, we communicated the hard decision to eliminate a number of positions across our Devices and Books businesses [Merpel notices, this without mentioning Book Depository by name] businesses. [read post]
16 Mar 2023, 1:28 pm
" Immediate ImpressionsAlthough this Kat is spending some quality time with the judgment, Merpel is always quick to judge. [read post]
