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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RE: Comment by cyrilleberger
by RWeede on Fri 12th Aug 2011 10:05 UTC in reply to "Comment by cyrilleberger"
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Actually, I would not say that the idea of design patents (what a misleading name -- it has nothing to do with patents) is bad in itself. They have existed for quite some time and have never been especially problematic from a standpoint of fair competition, for one simple reason: Judges have usually been VERY reluctant to issue preliminary decisions based on design rights BECAUSE they are granted automatically on registration without any search for prior art.

The normal use for such design patents would be to use them for protection against 100%-identical-looking design rip-offs of your products.

That is why I do not understand the decision in the Apple/Samsung case at all (though I have to admit that I have not read it yet). It is HIGHLY unusual to issue such a far-reaching decision based on a Community Design which has never been challenged in court before.

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