What is a design? Design Protection in Development, Arlanda Bernt Boldvik, Director, Design and Trademark Department

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Emil Simpson
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1 What is a design? Design Protection in Development, Arlanda Bernt Boldvik, Director, Design and Trademark Department

2 Example NO reg

3 Why important? The images and product specification define what is protected by the design registration Essential information in order to assess novelty, individual character and scope of protection of the design Mosaic oppositions, eg. Karen Millen Fashions (Case C-345/13) Necessary in order to classify the design in accordance with the Locarno Classification Triggers the multiple design fee 3

4 Hague Agreement, and Draft DLT Article 2 (2) The acts of the Hague Agreement hold no definition of design DLT Article 2 (2) [Industrial Designs] This Treaty shall apply to industrial designs Note 2.05: The draft Treaty does not contain a definition of industrial design. The Treaty would apply to any industrial design that can be registered as an industrial design, or for which a design patent can be granted, under the applicable law. Accordingly, the question as to what matter can be protected as an industrial design remains an issue to be determined by the law of each Contracting Party 4

5 Designs Directive art 1 and national design acts design/product For the purpose of this Directive: (a) 'design` means the appearance of the whole or a 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; (b) '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; 5

6 Designs Directive Art. 4 - novelty A design shall be considered new if no identical design has been made available to the public before the date of filing of the application for registration or, if priority is claimed, the date of priority. Designs shall be deemed to be identical if their features differ only in immaterial details. 6

7 Multiple designs NO reg

8 Case law The German Federal Court of Justice clarified that there is no protection of individual elements of a registered design against third party products, unless such element is separately registered as an individual design No. I ZR 124/10, "Wine Decanter" RCD Defendant s wine decanter Source: Hogan Lovells, Oct

9 Norwegian Designs Act Section 13 - reproductions The application shall state the name and address of the applicant and the product or products to which registration of the design is sought, and shall include reproductions clearly illustrating the design 9

10 Norwegian Design Regulations Section 4 -product The application shall precisely specify the product or products to which the design is applied so that the Norwegian Industrial Property Office is able to decide which class and subclass the product belongs to pursuant to the Locarno Agreement of 8 October 1968 No. 1 establishing an international classification for industrial designs. The class and subclass pursuant to the Locarno Agreement shall be specified in the application, but this specification is not binding for the Norwegian Industrial Property Office. 10

11 Norwegian Design Application Form Manual Numbering of the designs Each product specification shall be given a number. Eg: Chair no. 01, Table No. 02", etc. The images showing the design should be given corresponding numbers. Numbering of pictures The images of each individual design shall be numbered as follows: 1.1, 1.2, 1.3, for design no. 1, and 2.1, 2.2, 2.3 for design no. 2, etc. 11

12 Three designs Food packaging, cl Food packaging, cl Lid for food packaging, cl NO reg

13 Different designs or the same design? Different stages of use = the same design Different appearances = different design Reg. no Design Design 1 Design 3

14 Still three designs Food packaging, 2 Food packaging, 3 Lid for food pacaging. NO reg

15 One design or several designs? Food packaging NO reg

16 Still confused, but on a higher level? Bernt Boldvik

17 What about this product? Designs Directive Art 1 (b) (b) '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; 17 17

18 Different designs or the same design? Reg. no Design 1 Design 3 Products that belong to the same «series» Different appearances 18 18

19 Different designs or the same design? Reg. no Design 6: Part of anorak Reg. no Design 1: Anorak 19 19

20 Different designs or the same design? Reg. no Design no. 1 Design no. 2 Different colours Different appearance 20 20

21 Summary Keep track of each individual design in the application One specification for each product Numbering adds clarification to the above 21

22 Thank you! Bernt Boldvik, Director, Design and Trademark Department bbo@patentstyret.no Phone: post@patentstyret.no Follow us on: patentstyret.no

Registered Community Design. International Symposium, Protection on Industrial Designs, Santiago, Chile 16-17 November 2011

Registered Community Design. International Symposium, Protection on Industrial Designs, Santiago, Chile 16-17 November 2011 Registered Community Design International Symposium, Protection on Industrial Designs, Santiago, Chile 16-17 November 2011 Registered Community Design RCD began on 1 st of April 2003. Exclusive right to