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A table and a table coaster that shaped EU design law

The IPKat

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136
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European Design Protection for the Automotive Industry

JD Supra Law

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system.

Designs 100
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Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

The IPKat

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

Designs 111
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PATENTING MEDICAL PROCEDURES: A GLOBAL DILEMMA

Intepat

INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor.

Patent 52
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Never Too Late: If you missed the IPKat last week!

The IPKat

A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Marcel Pemsel analysed two recent decisions from the General Court and the German Patent Court concerning applications for invalidity of an (almost) identical EU trade mark, Sophienwald.

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UK Court Sentences ‘Pirate’ Fire Stick Seller to Two Years in Prison

TorrentFreak

The sentencing doesn’t come as a surprise, as Kanda pleaded guilty to three charges; violating the Copyright Designs and Patents Act 1988, the Proceeds of Crime Act 2002, and Fraud Act 2006.

Reporting 106
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Ministry of Commerce and Industry Releases Draft Amendments to the Geographical Indication Rules, 2002

SpicyIP

Three years after the 2020 amendments to the Geographical Indication Rules, 2002 , the Ministry of Commerce and Industry (MoCI) published the 2023 draft amendments on October 20, inviting objections and suggestions from the relevant stakeholders.