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30 Aug 2020, 3:47 pm
This post is made with the aim of prompting a discussion, and the whole IPKat team [including Merpel] would love to hear readers' views on this complex, and undoubtedly important, topic. [read post]
18 Aug 2020, 6:44 am
Also, she may have wanted to draw public attention away from her private life, as Evans was openly living with the married George Henry Lewes, a known philosopher and critic.Already in 1858, Charles Dickens had written a letter to George Eliot, expressing his admiration for her work and then stating as follows: I have observed what seem to me to be such womanly touches, in those moving fictions, that the assurance on the title-page [Merpel notes, i.e. [read post]
9 Aug 2020, 12:55 pm
Merpel synthesizes the report’s conclusions and sees it as a fresh perspective on the obligation of SEP holders to license their patents to any interested parties. [read post]
2 Aug 2020, 11:31 am
Merpel read an interesting publication by Sterzi, Rameshkoumar and Van der Pol on NPE activity, entitled “Non-practicing entities and transparency in patent ownership in Europe” and provided an overview of the publication. [read post]
28 Jul 2020, 4:22 am
Maria José Sánchez Ray shared some insights about her work with the National Federation of Colombian Coffee Growers [Merpel attended this session while drinking a tasty cup of coffee]. [read post]
27 Jul 2020, 1:02 am
Merpel agrees with the authors that this is essentially a question of contract interpretation. [read post]
25 Jul 2020, 3:30 am
In between chasing birds and lounging on her editors' desks, Merpel occasionally reads some of the materials that pass over them. [read post]
23 Jul 2020, 1:21 am
Merpel is already waiting in front of her laptopAs reported by The IPKat, last week Advocate General (AG) Saugmandsgaard Øe issued his much-awaited Opinion in Joined Cases C-682/18 and C-683/18, advising the Court of Justice of the European Union to rule that:Platforms like YouTube and Uploaded (the latter is a cyberlocker) do not perform acts of communication to the public under Article 3(1) of the InfoSoc Directive;The hosting safe harbour in Article 14 of the E-commerce Directive… [read post]
22 Jul 2020, 2:41 am
To achieve this, the portmanteau word should use more, rather than less, of the original terms [although Merpel notes that at some point the difference between a portmanteau word and a compound word may become blurred].Third, it is better when there is an overlap in the distinctive sound of the two words. [read post]
13 Jul 2020, 11:30 pm
[Merpel notes the Chicago School is a mainstream, if not doctrinal, approach to economics that has defined the field of Law and Economics, which itself is microeconomic theory applied to law, but increasingly law-dominated in its analysis. [read post]
1 Jul 2020, 1:15 am
| The IPKat and Merpel stand against racism | ERA’s Summer Course in European IP Law now taking place online (and still coming with a 25% IPKat discount) | [Guest Book Review] Resolving business disputes - how to get better outcomes from commercial disputes | The inexorable rise of streaming and the sunset of the cinema: celebration or sorrow? [read post]
28 Jun 2020, 3:43 am
| The IPKat and Merpel stand against racism | ERA’s Summer Course in European IP Law now taking place online (and still coming with a 25% IPKat discount) | [Guest Book Review] Resolving business disputes - how to get better outcomes from commercial disputes | The inexorable rise of streaming and the sunset of the cinema: celebration or sorrow? [read post]
26 Jun 2020, 2:53 am
Even if Smith J. emphasized that he said nothing of the merits of such an argument, Merpel thinks it is a brave lawyer who advises their client that the patentee can simply rely on the first generic writing a cheque for the loss other generics cause… [read post]
25 Jun 2020, 11:39 pm
Moreover, differently from the Milan court’ decision (where the specific question, however, had not been raised), the Turin court also confirmed the validity (and the infringement) of the Vespa 3D trade mark.Quite interestingly, that court expressly took into account in its assessment “the extreme diffusion of the vespa on the Italian scooter market” as well as the “results of the demographic survey conducted in July 2014 by Doxa on behalf of [Piaggio]” (emphasis… [read post]
20 Jun 2020, 6:37 am
Aleksandra Sewerynik, provided an enlightening discussion of how harmony should be understood in the context of copyright infringement.OTHER IP TOPICS: EVENTS; DISPUTES, CINEMAS, RACISM In light of the tragic killing of George Floyd, Breonna Taylor and Ahmaud Arbery that have resulted in protests in and outside the US, The IPKat and Merpel took a stand against racism.A few months ago, The IPKat informed readers about a number of forthcoming events organized by the… [read post]
7 Jun 2020, 10:00 pm
Intellectual property law is all about encouraging innovation and creativity. [read post]
24 May 2020, 7:35 am
[Merpel adds: “Yes, it appears that there really was a Sarah”.] [read post]
14 May 2020, 10:27 am
Many (including this Kat), had predicted that the EBA would find the appeal inadmissible - citing the lack of divergent case law to justify the referral [Merpel: Today's EBA opinion thus raises again the question of whether the EBA is truly independent and able to withstand pressure from the President and AC]. [read post]
4 May 2020, 2:00 am
In a previous post, Merpel listed an excellent list of tips for remote hearings – which I recommend everyone to follow when participating in a remote hearing.Of the tips on that list, the importance of a well-functioning separate “break out” channel for communication with remote team members, experts and clients should not be underestimated. [read post]
1 May 2020, 7:01 am
Therefore, only objective and reliable information must be taken into consideration, including data regarding IP rights previously granted, expert opinions, scientific publications, catalogues and websites, which describes the technical features of the product [Merpel wonders which requirements must fulfil a website to be considered as an objective and reliable source for such purposes] [para. 34, 35, 36]. [read post]
