https://www.proz.com/kudoz/german-to-english/law-general/1538782-der-nachweis-bleibt-offen.html
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  3. Law (general)

der Nachweis bleibt offen

English translation: . . . still remains unresolved

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:der Nachweis bleibt offen
English translation:. . . still remains unresolved
Entered by: Rapidrain (X)

17:26 Sep 9, 2006
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: der Nachweis bleibt offen
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?
Rapidrain (X)
Local time: 13:35
. . . still remains unresolved
Explanation:
one of several options offered in legal and general dictionaries ==
although I find nothing wrong with asker's proposed answers
Selected response from:

KARIN ISBELL
United States
Local time: 04:35
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3. . . still remains unresolved
KARIN ISBELL
3Alternatively, X ... is at liberty to offer evidence/proof
Margaret Marks


  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
. . . still remains unresolved


Explanation:
one of several options offered in legal and general dictionaries ==
although I find nothing wrong with asker's proposed answers

KARIN ISBELL
United States
Local time: 04:35
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 155
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1 day 5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Alternatively, X ... is at liberty to offer evidence/proof


Explanation:
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!

Margaret Marks
United Kingdom
Local time: 12:35
Native speaker of: Native in EnglishEnglish
PRO pts in category: 272
Notes to answerer
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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