|This case seems to be|
getting out of hand ...
What should the judge do?
Accept the ruling gracefully and apply it to the letter, if that should be possible 46 (22%)
Interpret the ruling in the light of his own knowledge of the law 58 (28%)
Make a second reference to the CJEU to seek clarification of what it meant 52 (25%)
Find a means of getting another judge to hear the next bit of this litigation and save himself a headache 46 (22%)Never before has an IPKat sidebar poll attracted such a close call in terms of readers' responses. This Kat thinks there is a case for saying that the good judge should fire the case back to Luxembourg and ask for some unequivocal clarification, though Merpel is inclined to think he should clarify the decision himself, leaving it for other judges to refer their cases to the CJEU if they disagree with him.
Here's a not particularly rigorous survey (naturally, since it's not one of ours, adds Merpel), prompted by Merpel's recent post to the effect that French applicants for European patents might not get their applications dealt with as swiftly as those of other nationalities. According to one of our more numerate readers, there have been 1,204 EP A documents published with French priority since 1 August 2015 and 194 EP A documents published with Spanish priority in the same period. Of the French documents, 118 (or 9,8% if you prefer) were published as A2s while for the Spanish only 9 (a paltry 4.6%) were published as A2s. It is acknowledged that there may well be effects from backlogs in specific subject-matters associated with these delays. Or might this be a reprisal against the Spanish for having not only invented the concept of mañana mañana
|Not all prosthetics|
are patented, it seems
From Katfriend and Polish blogger Bogusław Wieczorek comes a follow-up to an item this blog touched on over a year ago here. The story involved copyright in the unofficial so-called Polish "national anthem", Red Poppies in Monte Cassino, which turned out to be vested in the State of Bavaria. Last month, representatives of Bavaria and Poland signed an agreement transferring the rights in this anthem to Poland. You can read the story in full in English, plus a scanned version of the agreement in question -- in Polish only -- here.