Glossary entry

German term or phrase:

der Nachweis bleibt offen

English translation:

. . . still remains unresolved

Added to glossary by Rapidrain (X)
Sep 9, 2006 17:26
18 yrs ago
3 viewers *
German term

der Nachweis bleibt offen

German to English Law/Patents Law (general)
in an appeal in Swiss court the appellant writes
"Sonst bleibt [Firma] in der Schweiz auch bei der technisch bedingten Warenform der Nachweis offen, das Alternative verbleiben"

"Otherwise the proof remains open for [firm] in Switzerland in the technically qualified/conditional/dependent/required shape of goods, that equivalent alternatives remain"

meaning it is not yet proven? not yet true? not possible to prove? Up in the air?

Proposed translations

2 hrs
Selected

. . . still remains unresolved

one of several options offered in legal and general dictionaries ==
although I find nothing wrong with asker's proposed answers
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4 KudoZ points awarded for this answer.
1 day 5 hrs

Alternatively, X ... is at liberty to offer evidence/proof

You don't give the context, but I would expect it to be: The situation is ABC, but if the respondent disagrees with that, the respondent is at liberty to produce evidence that there are alternatives even with regard to the form of the product, which results from technical necessity (or something like that).

If that is your context, I am happy with my suggestion!
Note from asker:
Thanks, it's a patent fight over a shaped which has been trademarked and if alternatives exist then one need not use the trademarked shape otherwise if the shape is technically required/qualified/conditional/dependent then others may use the trademarked shape
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