Linked by Thom Holwerda on Thu 11th Aug 2011 09:22 UTC
Legal Earlier this week, we were introduced to a new concept in intellectual property law: the European 'Community Design'. The Community Design is a sort of trademark on design, and sits halfway between a trademark and a patent. I decided to investigate what, exactly, the laws and regulations around Community Designs are, and what I found was shocking. Think the USPTO is bad? Wait until you learn about the Community Design.
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Comment by cyrilleberger
by cyrilleberger on Thu 11th Aug 2011 09:44 UTC
cyrilleberger
Member since:
2006-02-01

It is interesting as you mention two contradictory problems to the community design: it costs money and there is no prior art search. What cost money when filling a patent or a design is the prior art search, so if you want improvement on that aspect, the cost will increase, which would have a higher impact on small companies, but a limited impact on bigger problem.

The real problem is not in how community designed are filled, but how the judiciary process works. Since the community design is so weakly granted, it should not be possible for a court to take a decision on it (even a preliminary one) without hearing from both side. In which case, Samsung could have tried to show that apple was not that likely to win the trial, and possibly prevent the preliminary injunction.

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