13:38 Jun 19, 2020 |
German to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: Klaus Beyer United States Local time: 03:06 | ||||||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
4 | an unconscionable /intentionally misfeasant/ closing of minds |
| ||
3 | willful ignorance |
| ||
3 | willful disregard |
|
Summary of reference entries provided | |||
---|---|---|---|
A few references to this |
|
Discussion entries: 1 | |
---|---|
willful ignorance Explanation: Not an expert but that sounds like willful ignorance to me. https://onlinelibrary.wiley.com/doi/full/10.1111/phc3.12490 |
| |
Login to enter a peer comment (or grade) |
ein treuwidriges Verschließen an unconscionable /intentionally misfeasant/ closing of minds Explanation: The only issue here - for me - is whether such 'naughty closing of minds' amounts to mis- or malfeasance outside of public or corporate office, either term interpreted slightly differently Transatlantically. Unconsconiable: uttered in a contract law lecture all of half-a-century ago by my first law lecturer: an Equity Barrister-cum-Chancery Practitioner. Over to the experts.... Reference: http://ooks.google.at/books?id=ONDGDwAAQBAJ&pg=PA585&lpg=PA5... Reference: http://en.wikipedia.org/wiki/Misfeasance |
| |
Login to enter a peer comment (or grade) |
willful disregard Explanation: In accordance with patent law, a sufficient, more than random scope of usage is called for in addition to being fully cognizant thereof, not merely exhibiting willful disregard for the above-stated fact. |
| |
Grading comment
| ||
Login to enter a peer comment (or grade) |
1 hr peer agreement (net): +1 |
Reference: A few references to this Reference information: 212 As Lord Sumption and Lord Briggs point out, the more recent German authorities, Östrogenblocker and Dexmedetomidin, take a broader view of the protection generated by a Swiss-form patent. They do not focus on the external presentation (including the instructions for its use) of the allegedly infringing product, but rather on its inherent suitability for the patented use. However, they underline an additional requirement of any infringement, viz that the distributor “needs to take advantage of circumstances which - in a similar way to an active obvious preparation - ensure that the purpose-related therapeutic use of the preparation offered or sold actually takes place.” and “The latter requires a sufficient and not just occasional use according to the patent in suit, as well as the supplier’s respective knowledge, or at least its bad faith ignorance thereof:” https://academic.oup.com/rpc/article/135/12/831/5540064 In a judgment of the Düsseldorf Court of Appeals dated 1 March 2018 (confirming an order of the Düsseldorf District Court dated 5 May 2017), the court increased the liability of generics companies in cases of infringement of second medical use claims. The court decided that: taking into account the ... purpose-limited compound protection there must only be conditions fulfilled which ensure the requested purpose for the compound in another way: First, the product must be suitable for the patented purpose and, secondly, the supplier must make use of circumstances which – similar to an active purposeful arrangement by him – ensure that the purpose-limited therapeutic use will be reached by means of the offered and sold product. The latter requires an adequate not only occasional scope of use according to the patent in suit as well as a respective knowledge or at least an ignorance of knowledge in bad faith by the supplier. https://books.google.co.uk/books?id=nx20DwAAQBAJ&pg=PT125&dq... In this context, the court formulated the following new liability criteria 1. The product must be suitable for the patented purpose 2. The distributor must take advantage of circumstances which, in a manner similar to an active manifest arrangement, ensure that the product being offered or marketed is used for the specified therapeutic purpose. This requires a sufficient and not only occasional use, as well as the relevant knowledge or at least disregard of such knowledge by the supplier acting in bad faith. https://academic.oup.com/jiplp/article/14/6/487/5489982?gues... |
| |
Login to enter a peer comment (or grade) |
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.