Design Protection Flashcards
Flos
Community designs - designs that were in the public domain at time of entry into force of national implementation of design directive fall outside the scope of Article 17 (doesn’t prevent protection under Infosoc). Copyright vests in designs by a registered design right (duration must be life + 70)
Karen Millen
Community designs - Article 6 … is to be interpreted as meaning that, in order for a design to be considered to have individual character, the overall impression which that design produces on the informed user must be different from that produced on such a user by one or more earlier designs taken individually and viewed as a whole, not by an amalgam of various features of earlier designs.
PepsiCo
Community designs - informed user = “particularly observant one, either because of his personal experience or his extensive knowledge of the sector in question” though not an expert.
Green Lane Products v PMS
Community designs - prior art is not limited to the particular product for which the design was registered.
3m Innovative Properties
Community designs - where part of a design is dictated by function, the rest of the design is examined for individual character.
Samsung v Apple
Community designs - products to be compared with design registration, not the opposing products.
P and G v Reckitt
Community designs need not be clearly different
Dyson v Vax
UK designs - exception relating to function only for designs dictated solely by function. Transparent bin on vacuum cleaner partially function partially aesthetic.
British Leyland v Armstrong
Illustrated issues with UK unregistered designs prior to CDPA
Dyson v Qualtext
UK unregistered design exceptions. Must fit - does not mean articles must physically touch. Must match - more room for design freedom means it is less likely that this will apply. Surface decoration - protected by copyright.
Magmatic
State of the art - Arnold J - Any disclosure which makes the design public in any part of the world will suffice
