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CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

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Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
TUESDAY, 27 MAY 2014
Getting it right! Appellations of appellate courts in design litigation

This blogger's attention was attracted to a recent post, in French, on Le blog de Laure Marino -- IP/IT, on the Trunki case (for which see earlier Class 99 posts herehere, here and here). 

Apart from the welcome sight of a design lawyer in one EU Member State taking a keen interest in how the harmonised law of designs is applied in another Member State (happily this is beginning to happen more often), Laure manages to get the jurisdiction of the court right on each occasion that she mentions it: it's the Court of Appeal of England and Wales.

To the annoyance of this blogger, who does a considerable amount of editing, intellectual property lawyers and trade mark attorneys from various corners of the United Kingdom get this wrong more often than not.  There is no such thing as the "English Court of Appeal","British Court of Appeal" or "UK Court of Appeal".  Northern Ireland has its own Court of Appeal; Scotland, which has an entirely different legal system, doesn't even have a court of that name: appeals are heard by the Inner House of the Court of Session.  

The moral of the story, in the light of Trunki, is this: make sure that your "case" is appealed to the right court!

Posted by: Blog Administrator @ 06.32
Tags: Trunki case, names of courts,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA549

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