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157 Cards in this Set
- Front
- Back
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Can you claim priority for a design from a utility model? what is the priority period? |
Yes, 6mo |
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What is the priority period for industrial designs? |
6 months |
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Can multiple deposits including several designs be deposited? |
Yes, as long as they are intended to be incorporated in articles in the same class |
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How long can publication be deferred for? |
12 months from the earliest of the date of priority or the datevof deposit |
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Can applicant request immediate publication of a design originally with deferred publication? |
Yes |
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Can an applicant request a withdrawal of deposit between deposit and publication? |
Yes, but withdrawal may be limited to only one or more contracting states and/or only some of the designs in a multiple deposit. Also, the IB will keep the deposit until the end of the period. |
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Define the word design |
Design means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation |
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Define a product |
The product means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get up, graphic symbols and typographic typefaces, but excluding computer programs |
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Define a complex product |
Product means a product which is composed of multiple components which can be replaced permitting disassembly and reassembly of the product |
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What are the basic requirements for a design? |
It must be new and have individual character |
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In the context of designs, what does new mean? |
A design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date |
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What are the exceptions to public disclosure relating to designs (what does not count as a public disclosure)? |
It could not reasonably have become known in the normal course of business to people carrying on business in the EEA specialising in the sector concerned It was made under conditions of confidentiality by a person other than the designer It was made by the designer during the grace period of 12 months It was made by a person other than the designer during the grace period of 12 months |
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What does normal use mean? |
Use by the end user, excluding any maintenance servicing or repair work |
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Recite the registered designs act relating to the must fit principal |
A right in registered design shall not subsist in features of appearance of product which must necessarily be reproduced in their exact form and dimensions so as to permit the products in which the design is incorporated or to which it is applied to be mechanically connected to, or placed in, around or against, another product so that either product may perform its function |
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In relation to the must fit principal, can you protect the design of a modular system? |
Yes, the must fit principle does not prevent a right subsisting in a design allowing multiple assembly or connection of mutually interchangeable products within a modular system |
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What is the deadline for filing a copy of the priority document, if priority was claimed upon filing? |
Three months of the filing date |
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What’s the deadline for a late declaration of priority? |
One month from filing |
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What is the deadline for filing a copy of the priority document if a late declaration priority has been made? |
Three months from receipt of the declaration of priority |
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What are the minimum requirements to get a filing date for design? |
A request for registration, identification information, a representation of the design or a specimen, a fee |
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What are the additional requirements to get a filing date in the case of a repeating surface pattern? |
The representation or specimen includes the complete pattern and a sufficient portion of the repeat in length and width to show how the pattern repeats, and a statement that it relates to repeating surface pattern |
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For a UK convention application what is the deadline for filing a translation? |
3 months from direction (direction = PO requesting translation) |
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For a community registered design, if anything is missing which allows the applicant to get a date of filing, how long do they have to remedy the deficiencies? |
2 months |
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If you made request for deferment of publication, what is the deadline for paying the associated fees and filing a representation of the design? |
3 months before the expiry of the deferment period |
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In both community and UK registered designs, what happens if the patent office decides that the design either doesn’t correspond to the definition of a design or is contrary to public policy or accepted principles of morality? |
The applicant may send written observations on the objections (in the UK this is within the period of two months, in Europe a deadline is set). Alternatively, the applicant may amend their application or withdraw. |
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In UK registered designs, what is the purpose of a disclaimer? |
A disclaimer may limit the scope or extent of protection being applied for, or indicate that the application for registration relates to a design that forms only part of the appearance of the product (e.g. dotted lines) |
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What is the penalty for falsely representing that a design is registered? |
Summary conviction - fine not exceeding level three (£1000) |
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What is the penalty for using an expired registration on a product? |
Summary conviction – fine not exceeding level one (£200) |
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What is the duration of a community registered design and a UK registered design? |
Five years from the date of filing/registration of the application, extendable in five year increments up to a total of 25 years |
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What’s the difference between the date of filing and the date of registration? |
Nothing, in the UK the date of registration will be taken to be the date on which the application was made or filed (or the priority date) |
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When should renewal fees be paid for community designs? |
For community designs, the period of six months ending on the last day of the month in which protection ends |
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What is the grace period for late payment of renewal fees for community designs? |
The further period of six months from the last day of the month in which protection ends |
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What is the grace period for paying a renewal fee for a UK registered design? |
Six months immediately following the period of X (e.g. 5, 10...) years from the date of registration |
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Is there an additional fee to be paid if you pay your renewal fee late in both community registered designs and UK registered designs? |
Yes |
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If you fail to pay your renewal fee within the six month grace period for a community registered design, what is it called if you want to resuscitate your design? |
Restitutio in integrum |
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If you fail to pay your renewal fee within the six month grace period for a UK registered design, what is it called if you want to resuscitate your design? |
Restoration |
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What is the bar of proof required for failure to pay a fee in the UK and Europe? |
UK – unintentional, Europe – in spite of all due care |
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What is the deadline for applying for restitutio in integrum for Community registered designs? |
The immediately following the expiry of the time limit The application must be filed in writing within two months of the removal of the cause of non-compliance with the time limit |
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What is the deadline for applying for restoration of a UK registered design following non-payment of renewal fees? |
12 months beginning with the date on which the registered design ceased to have effect |
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In community registered designs, what third-party rights arise due to failure to pay annual fee and subsequent restitutio in integrum? In relation to residue to integral in the community registered designs, can you third-party object to the re-establishment of rights? |
The applicant may not invoke his rights vis-a-vis a third-party who, in good faith, in the course of the period between the loss of rights and the publication of mention of re-establishment of rights, has put on the market products in which a design included within the scope of protection of the registered community design is included or to which it is applied |
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Can a third-party object to reinstatement of rights in relation to restitutio in integrum for community registered designs? |
Yes, within a period of three months from the date of publication of the mention of re-establishment of those rights |
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What third-party rights arise due to restoration of a UK registered design? |
Anything done during the period between expiry (NOT within grace period I.e. 6 months after expiry) and restoration shall be treated as valid If a person began in good faith to do an act that would’ve constituted an infringement, or made in good faith effective and serious preparations to do such an act, they have the right to continue to do the act |
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For UK registered design, what are the grounds for a cancellation or invalidation of registration? |
If it does not fit the registration of a design, if it is not new, does not have individual character, it is solely defined by technical character, it is contrary to public policy or accepted principles of morality It has been made available to the public after the relevant date or is protected from a date prior to the relative date The registered proprietor is not the proprietor of the design and the proprietor objects The design consistories an unauthorised use of a copyrighted work and he copyright owner objects |
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What type of property is a registered design in the UK? |
Personal property (in Scotland, incorporeal movable property) |
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In the UK, can a registered design be assigned to someone else? |
Yes, a registered design is transmissible by assignment, testamentary disposition or operation of law in the same way as any other personal or movable property |
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An assignment of a registered design in the UK is not effective unless it is what? (in England and in Scotland) |
In the UK – in writing signed by or on behalf of the assignor, in Scotland – a corporate seal is also acceptable |
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The transfer must be entered into the register and published, until the transfer has been entered in the register the successor may not invoke their new rights |
The transfer must be entered into the register and published, until the transfer has been entered in the register the successor may not invoke their new rights |
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Can a license holder of a community registered design bring proceedings for infringement? |
Nonexclusive -Only if the rights holder consents thereto, although if the rights holder brings an infringement action that affects the licensee, they are entitled to intervene in proceedings. Exclusive - yes, if the rights holder does not bring infringement proceedings within an appropriate time period |
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What is the scope of protection for a UK or a community registered design? |
Any design which does not produce on the informed user a different overall impression |
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What are infringing acts in relation to a community or UK registered design? |
Making, offering, putting on the market, importing/exporting, using a product in which the design is incorporated or to which is it applied, stocking such a product for these purposes |
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When proving infringement, how is the bar for community registered designs different to the UK? |
For community registered designs, the act is deemed to be infringing only if the contested use results from copying the protected design |
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How do the community designs regulations define whether or not somebody has copied a design? |
The contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder |
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For UK registered designs, what is the bar for proving whether or not a design is copied? |
The defendant must prove that at the date of the infringement they were not aware, and had no reasonable grounds for supposing, that the design was registered Reasonable grounds include that the product was not marked with the word registered or any abbreviation thereof, or any words expressing or implying that the design of products have been registered AND MUST BE ACCOMPANIED WITH THE DESIGN NUMBER |
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Define exhaustion of rights in community registered designs |
When a product in which the design is incorporated or to which it is applied has been put on the market in the community by the holder of the community design or with his consent |
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Name two noninfringing acts relating to registered designs |
private and non-commercial purposes experimental purposes reproduction for the purpose of making citations or teaching, provided that the acts are compatible with fair trade practice, do not prejudice the exploitation of the design and mention is made of the source Equipment on ships or aircraft that are registered in another country but which are temporarily in the territory importation into the territory of spare parts or accessories for the purposes of repairing such ships or aircraft The carrying out of repairs on such ships or aircraft |
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What are the rights of prior use in respect of a community registered design and a UK registered design? |
Any third person who, before the application or priority date, used a registered design or had made serious and effective preparations to do so, may continue to do that. This does not apply if the third person had copied the design |
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What sanctions or measures can be used if infringement or threatened infringement is found for a community registered design? |
An injunction (an order prohibiting the defendant from proceeding with the act) In order to seize infringing products In order to seize materials and implements predominantly used in order to manufacture infringing goods (if such use was known or obvious) Any order imposing other sanctions appropriate under the circumstances which are provided by the law of the member state |
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What remedies are available for an infringement of a UK registered design? |
Damages, injunctions, accounts, order for delivery up, order for disposal |
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In the UK, what happens to items that have been delivered up? |
They are either forfeited to the registered proprietor or destroyed |
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In relation to UK registered designs, what constitutes a threat? |
A communication contains the threat of infringement proceedings if a reasonable person in the position of a recipient would understand from that communication that A registered design exists and a A person intends to bring proceedings (whether in court in the UK or elsewhere) against another person for infringement of the rights in the registered design by an act done in the UK or an act which, if done, would be done in the UK |
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In relation to UK registered designs, in what circumstances is copying an offence? |
If a person intentionally copies a registered design either exactly or with features that differ only in immaterial details, and they do so knowing or having reason to believe that the design is registered and without the consent of the proprietor |
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In the UK, what are the penalties for copying a registered design? |
Conviction on indictment – imprisonment not exceeding 10 years and/or a fine Summary conviction in England Wales and Northern Ireland – imprisonment not exceeding six months and/or a fine not exceeding the statutory maximum Summary conviction in Scotland – imprisonment not exceeding 12 months and/or a fine not exceeding the statutory maximum |
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What emblems are grounds for refusal for a UK design registration? |
Royal arms, the royal crown or flags, representation of the Queen or any member of the royal family, words letter or devices likely to lead persons to think that the applicant has royal patronage or authorisation unless consent has been given on behalf of the Queen, the national UK flag, the flag of England Wales Scotland Northern Ireland or the Isle of Man (and it appears that this would be misleading or offensive), the Olympic symbols unless consent has been given, any emblem protected under the Paris convention |
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How do you apply for a declaration of invalidity in a community register design? |
Any natural or legal person or public authority and power to do so may submit to the office an application for a declaration of invalidity, The application includes a written statement and a fee |
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In the UK and Europe, if the design is found to be invalid, when does the cancellation take effect? |
The registration shall be treated as having been invalid from the date of registration |
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What is the meaning of identical in relation to designs? |
Identical means that the features of a design differ only in immaterial details |
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What is the period of protection for a community unregistered design? |
Three years from the date on which the design was first made available to the public within the community |
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What are the additional exceptions to design rights in UK unregistered designs? |
The method or principle of construction Features of shape and configuration of an article which enable the article to be connected to or placed in around or against another article so that either article may perform its function Features of shape or configuration of an article which are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part Surface decoration |
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With a UK unregistered design, design right does not subsist until... |
The design has been recorded in a design document or an article has been made to the design |
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In UK unregistered designs who is the first owner by default? |
The designer |
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If the designer creates a design in the course of employment, who is the first owner? |
The employer |
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According to the CDPA relating to unregistered UK designs, who is a qualified person? |
An individual habitually resident in a qualifying country or a body corporate or other body having legal personality which is formed under the law of a part of the UK or another qualifying country and has a qualifying country a place of business at which substantial business activities carried out |
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According to the CDPA in relation to unregistered designs, what is a qualifying country? |
The United Kingdom, another member state of the European Union, another country to which this part extends or which is designated as enjoying reciprocal protection |
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Name the three different ways a design can be qualified |
Qualification by reference to design being a qualified person, the employer being a qualified person, by reference to 1st marketing |
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Define qualification by reference to 1st marketing |
A design which does not qualify for design protection by reference to designer or employer, qualifies for design protection if the first marketing of articles made to the design is by a qualified person and takes place in the United Kingdom or another qualifying country |
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What does individual character mean? |
The overall impression the design produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public |
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What must be taken into consideration when considering individual character? |
The degree of freedom of the designer in developing the design |
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Both before and after 2014, if A commissioned B to create a design, who does the design belong to? |
Pre 2014, A. Post 2014, B |
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What can you do if you are issued with a groundless threat? |
Claim damages |
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What is the duration of a UK unregistered design? |
15 years from the end of the calendar year in which the design was first recorded in a design document or an article was first made to the design which ever this occurred Or if articles are made available for sale or hire within five years from the end of the calendar year, 10 years from the end of the calendar year in which that first occurred |
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After the doceram caselaw in 2018, what test was decided upon relating to technical function? Which was the other contending test? |
No aesthetic consideration, multiplicity of forms |
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What piece of case law introduced the idea that taste cannot be protected by copyright? |
Levola vs smilde - spreadable cheese |
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What is the definition of a design in relation to unregistered design rights? |
Design means the design of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration |
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What is the meaning of design document in relation to UK unregistered what is the owner of the design right in an unregistered design have the exclusive right to do? designs? |
Design document means any record of the design, whether in the form of a drawing, a written description, a photograph, data stored on a computer or otherwise |
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What does the owner of the design right in a UK unregistered design have the exclusive right to do? |
Reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What is the definition of a design in relation to unregistered design rights? |
Design means the design of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration |
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What is a license of right in relation to UK unregistered designs? |
Any person is entitled as of right to a license to do in the last five years of the design right term anything which would otherwise infringe the design right |
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Who sets the terms of the license of right? |
By agreement between the parties, or if no agreement is reached then this is settled by the comptroller |
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What are the exceptions to infringement in the case of UK unregistered design? |
Acts which are private and non-commercial, experimental purposes, teaching purposes or for making citations provided that it complies with fair trade practice and does not unduly prejudice the normal exploitation of the design and mention is made of the source N.b. airplanes and ships are not valid here! |
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What is the meaning of design document in relation to UK unregistered designs? |
Design document means any record of the design, whether in the form of a drawing, a written description, a photograph, data stored on a computer or otherwise |
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What does the owner of the design right in a UK unregistered design have the exclusive right to do? |
Reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What does reproduction of a design mean in relation to UK unregistered designs? |
Reproduction means copying a design so as to produce articles exactly or substantially to that design |
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What is primary infringement in relation to UK unregistered designs? |
Reproducing the design for commercial purposes by making articles that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What is secondary infringement relating to UK unregistered designs? |
Without the license of the design rights holder Importing into the UK for commercial purposes, having in your possession for commercial purposes, selling, letting for hire, offering exposing for sale or hire, in the course of business (MIPCOBSOLE) An article which is and which you know or have reason to believe is an infringing article |
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Does the design document count as an infringing article in relation to UK unregistered designs? |
No, not with standing that it’s making was or would’ve been an infringement of the design right |
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What is taken into account when the court is calculating damages in the case of infringement of an unregistered design right? |
The flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement |
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Can you claim damages against an innocent infringer of a UK unregistered design? |
Yes but only in respect of damages not exceeding a reasonable royalty |
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What is the effect of concurrent rights in an infringement case for UK unregistered designs? |
Both the design right owner and the exclusive licensee must be party to the proceedings, either as plaintiffs or with one of them as a defendant. If one is simply added as a defendant, they are not liable for any costs |
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What is the definition of a design in relation to unregistered design rights? |
Design means the design of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration |
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What is a license of right in relation to UK unregistered designs? |
Any person is entitled as of right to a license to do in the last five years of the design right term anything which would otherwise infringe the design right |
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Who sets the terms of the license of right? |
By agreement between the parties, or if no agreement is reached then this is settled by the comptroller |
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What are the exceptions to infringement in the case of UK unregistered design? |
Acts which are private and non-commercial, experimental purposes, teaching purposes or for making citations provided that it complies with fair trade practice and does not unduly prejudice the normal exploitation of the design and mention is made of the source N.b. airplanes and ships are not valid here! |
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For UK unregistered designs, what is a qualifying person? |
An individual habitually resident in a qualifying country A body corporate or other body having legal personality which is formed under the law of a part of the UK or another qualifying company and has in any qualifying country a place of business at which substantial business activity is carried out |
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In relation to UK unregistered designs, what does qualifying country mean? |
The United Kingdom, another member state of the European Union, or a country designated to enjoy reciprocal protection |
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What is the meaning of design document in relation to UK unregistered designs? |
Design document means any record of the design, whether in the form of a drawing, a written description, a photograph, data stored on a computer or otherwise |
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What does the owner of the design right in a UK unregistered design have the exclusive right to do? |
Reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What does reproduction of a design mean in relation to UK unregistered designs? |
Reproduction means copying a design so as to produce articles exactly or substantially to that design |
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What is primary infringement in relation to UK unregistered designs? |
Reproducing the design for commercial purposes by making articles that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What is secondary infringement relating to UK unregistered designs? |
Without the license of the design rights holder Importing into the UK for commercial purposes, having in your possession for commercial purposes, selling, letting for hire, offering exposing for sale or hire, in the course of business (MIPCOBSOLE) An article which is and which you know or have reason to believe is an infringing article |
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Does the design document count as an infringing article in relation to UK unregistered designs? |
No, not with standing that it’s making was or would’ve been an infringement of the design right |
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What is taken into account when the court is calculating damages in the case of infringement of an unregistered design right? |
The flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement |
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Can you claim damages against an innocent infringer of a UK unregistered design? |
Yes but only in respect of damages not exceeding a reasonable royalty |
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What is the effect of concurrent rights in an infringement case for UK unregistered designs? |
Both the design right owner and the exclusive licensee must be party to the proceedings, either as plaintiffs or with one of them as a defendant. If one is simply added as a defendant, they are not liable for any costs |
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What is the definition of a design in relation to unregistered design rights? |
Design means the design of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration |
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What is a license of right in relation to UK unregistered designs? |
Any person is entitled as of right to a license to do in the last five years of the design right term anything which would otherwise infringe the design right |
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Who sets the terms of the license of right? |
By agreement between the parties, or if no agreement is reached then this is settled by the comptroller |
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What are the exceptions to infringement in the case of UK unregistered design? |
Acts which are private and non-commercial, experimental purposes, teaching purposes or for making citations provided that it complies with fair trade practice and does not unduly prejudice the normal exploitation of the design and mention is made of the source N.b. airplanes and ships are not valid here! |
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For UK unregistered designs, what is a qualifying person? |
An individual habitually resident in a qualifying country A body corporate or other body having legal personality which is formed under the law of a part of the UK or another qualifying company and has in any qualifying country a place of business at which substantial business activity is carried out |
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In relation to UK unregistered designs, what does qualifying country mean? |
The United Kingdom, another member state of the European Union, or a country designated to enjoy reciprocal protection |
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Are surface features protectable by unregistered designs? |
No, unless they are functional |
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Are functional surface features (e.g. tyre tread) protectable by unregistered designs? |
Yes |
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What is the meaning of design document in relation to UK unregistered designs? |
Design document means any record of the design, whether in the form of a drawing, a written description, a photograph, data stored on a computer or otherwise |
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What does the owner of the design right in a UK unregistered design have the exclusive right to do? |
Reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What does reproduction of a design mean in relation to UK unregistered designs? |
Reproduction means copying a design so as to produce articles exactly or substantially to that design |
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What is primary infringement in relation to UK unregistered designs? |
Reproducing the design for commercial purposes by making articles that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What is secondary infringement relating to UK unregistered designs? |
Without the license of the design rights holder Importing into the UK for commercial purposes, having in your possession for commercial purposes, selling, letting for hire, offering exposing for sale or hire, in the course of business (MIPCOBSOLE) An article which is and which you know or have reason to believe is an infringing article |
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Does the design document count as an infringing article in relation to UK unregistered designs? |
No, not with standing that it’s making was or would’ve been an infringement of the design right |
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What is taken into account when the court is calculating damages in the case of infringement of an unregistered design right? |
The flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement |
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Can you claim damages against an innocent infringer of a UK unregistered design? |
Yes but only in respect of damages not exceeding a reasonable royalty |
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What is the effect of concurrent rights in an infringement case for UK unregistered designs? |
Both the design right owner and the exclusive licensee must be party to the proceedings, either as plaintiffs or with one of them as a defendant. If one is simply added as a defendant, they are not liable for any costs |
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What is the definition of a design in relation to unregistered design rights? |
Design means the design of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration |
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What is a license of right in relation to UK unregistered designs? |
Any person is entitled as of right to a license to do in the last five years of the design right term anything which would otherwise infringe the design right |
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Who sets the terms of the license of right? |
By agreement between the parties, or if no agreement is reached then this is settled by the comptroller |
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What are the exceptions to infringement in the case of UK unregistered design? |
Acts which are private and non-commercial, experimental purposes, teaching purposes or for making citations provided that it complies with fair trade practice and does not unduly prejudice the normal exploitation of the design and mention is made of the source N.b. airplanes and ships are not valid here! |
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For UK unregistered designs, what is a qualifying person? |
An individual habitually resident in a qualifying country A body corporate or other body having legal personality which is formed under the law of a part of the UK or another qualifying company and has in any qualifying country a place of business at which substantial business activity is carried out |
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In relation to UK unregistered designs, what does qualifying country mean? |
The United Kingdom, another member state of the European Union, or a country designated to enjoy reciprocal protection |
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Is surface decoration protectable by unregistered designs? |
No, unless they are functional |
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Are functional surface features (e.g. tyre tread) protectable by unregistered designs? |
Yes |
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What is the meaning of design document in relation to UK unregistered designs? |
Design document means any record of the design, whether in the form of a drawing, a written description, a photograph, data stored on a computer or otherwise |
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What does the owner of the design right in a UK unregistered design have the exclusive right to do? |
Reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What does reproduction of a design mean in relation to UK unregistered designs? |
Reproduction means copying a design so as to produce articles exactly or substantially to that design |
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What is primary infringement in relation to UK unregistered designs? |
Reproducing the design for commercial purposes by making articles that design or by making a design document recording the design for the purpose of enabling such articles to be made |
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What is secondary infringement relating to UK unregistered designs? |
Without the license of the design rights holder Importing into the UK for commercial purposes, having in your possession for commercial purposes, selling, letting for hire, offering exposing for sale or hire, in the course of business (MIPCOBSOLE) An article which is and which you know or have reason to believe is an infringing article |
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Does the design document count as an infringing article in relation to UK unregistered designs? |
No, not with standing that it’s making was or would’ve been an infringement of the design right |
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What is taken into account when the court is calculating damages in the case of infringement of an unregistered design right? |
The flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement |
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Is surface decoration protectable by unregistered designs? |
No, unless they are functional (UK), Europe - yes |
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What is the effect of concurrent rights in an infringement case for UK unregistered designs? |
Both the design right owner and the exclusive licensee must be party to the proceedings, either as plaintiffs or with one of them as a defendant. If one is simply added as a defendant, they are not liable for any costs |
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You community designs, can you have registered design right and unregistered design right in the same product? |
Yes |
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When do rights in a community unregistered design begin? |
When the design is made available to the public |
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When do design rights in a UK unregistered design begin? |
When the design is recorded in a design document or a product is made according to the design |
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Are colours protectable in unregistered designs? |
No – UK, yes – Europe |
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According to EU designs, what does making available to the public mean? |
Published, exhibited, used in trade or otherwise disclosed, except where events could not reasonably have become known in the normal course of business to circles specialised in the sector concerned, operating within the EU |
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Where are the additional qualifying countries? |
Channel islands, Gibraltar, Hong Kong, New Zealand etc. |
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If you first market a product outside the community, can you still get protection for a community unregistered design? |
No, but you can still use the 6 month priority period to register a design in the EU within 6 months of that disclosure |
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What is the difference between the requirements for an unregistered design in the UK and in Europe? |
UK – original and not commonplace, EU – novel and individual character |
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What is the definition of a design in the case of UK and registered designs? |
The shape or configuration (whether internal or external) of the whole or part of an article |
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What is the name of the spiky ball caselaw? |
Green lane v PMS |
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What was the outcome of the Green Lane case law? |
The sector concerned was the sector of the original product |
