Design and models
French threat on Design rights for Ink cartridge?
Written by Jean Philippe Bresson Monday, 16 August 2010 09:36
Just published is a decision issued on April 15, 2010, where the Paris Court of Instance upheld that the registered Designs of ink cartridge hold by SEIKO EPSON CORPORATION be invalidated.
The Court said that such designs lacked novelty and individual character because, when normally used by the public, they are incorporated into a complex product and are no more apparent. As a result, the ornamental function of the design cannot be fulfilled.
This is quite a strict position. If it was to be confirmed in the French practice, no more registration of the appearance of ink cartridge could be sought as design.
Community design and individual character
Written by Jean Philippe Bresson Friday, 02 July 2010 09:51
The General Court of the European Community (formerly First Instance European Court) has confirmed on June 22, 2010, the invalidity of Community Registered design No. 241/903-0001, shown below and intended to be applied to ‘communications equipment’
Bosch Security System BV filed a declaration of invalidity against this design for lack of novelty and of individual character in consideration with :
New steps in the accession of Community Designs to the Geneva Act Two
Written by Jean Philippe Bresson Monday, 10 August 2009 14:26
New steps in the accession of Community Designs to the Geneva Act
Two drafts of regulations have been made by the Commission at the end of May 2007 to implement the new system enabling an applicant to claim Community Designs though a WIPO application. The Commission should formally adopt the new regulations by August 2007. The new system is currently scheduled to enter into force by January 2008. We will report accordingly on the new system and further developments relating thereto.
When the specialty principle does apply to design, copyrights and drawings
Written by Séverine Fitoussi Monday, 13 July 2009 11:35
While the specialty principle does not apply to designs, copyrights and drawings, several recent decisions of the OHIM recall that the informed user is identified, according to the class of products mentioned in the application.
This approach is particularly important when a design is contested on the basis of a prior trademark or, more generally when the case is about appraising the similarity of two designs or models, from the point of view of a user – whether a technician or not, child or adult.
