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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MONDAY, 5 AUGUST 2013
Karen Millen heads to Luxembourg -- at last
Case C-345/13 Karen Millen Fashions is now winging its way to the Court of Justice of the European Union. As the UK's Intellectual Property Office explains in its request for comments and guidance, this is a request for a preliminary ruling in a case which concerns a claim by a UK retailer that two women's garments designed by it but subsequently copied and sold by an Irish retailer were protected as unregistered Community designs. The Court has referred to the Court of Justice the following questions:
This case and the questions referred to the court can also be viewed on the IPO's website at: http://www.ipo.gov.uk/pro-policy/policy-information/ecj/ecj-2013.htm
If you would like to comment on this case please email policy@ipo.gov.uk by the unreasonably close date, especially since it's the holiday season, of 13 August 2013.
This blogger wonders whether the case referred to above is the same action as that which was commenced in January 2007, in which the High Court gave judgment in December 2007. Can any reader advise? Posted by: Blog Administrator @ 16.46
Tags: CJEU reference, effect on the informed user, individual character, unregistered design right,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA484
Karen Millen heads to Luxembourg -- at last
| If this is the same action that began in 2007, these bags probably wouldn't have been born yet ... |
1. In consideration of the individual character of a design which is claimed to be entitled to be protected as an unregistered Community design for the purposes of Council Regulation 6/2002 ... on Community designs, is the overall impression it produces on the informed user, within the meaning of Article 6 of that Regulation, to be considered by reference to whether it differs from the overall impression produced on such a user byThis reference is made by the Irish Supreme Court.
(a) any individual design which has previously been made available to the public, or
(b) any combination of known design features from more than one such earlier design?
2. Is a Community design court obliged to treat an unregistered Community design as valid for the purposes of Article 85(2) of Council Regulation 6/2002 ... on Community designs where the right holder merely indicates what constitutes the individual character of the design or is the right holder obliged to prove that the design has individual character in accordance with Article 6 of that Regulation?
This case and the questions referred to the court can also be viewed on the IPO's website at: http://www.ipo.gov.uk/pro-policy/policy-information/ecj/ecj-2013.htm
If you would like to comment on this case please email policy@ipo.gov.uk by the unreasonably close date, especially since it's the holiday season, of 13 August 2013.
This blogger wonders whether the case referred to above is the same action as that which was commenced in January 2007, in which the High Court gave judgment in December 2007. Can any reader advise? Posted by: Blog Administrator @ 16.46
Tags: CJEU reference, effect on the informed user, individual character, unregistered design right,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA484
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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