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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IPprofessional
Member since:
2011-08-13

Im not interested in the specifics of the Apple-Samsung case (Id go elsewhere for that). I was trying to add further context to Thom's impressive but IMO slightly flawed attempt at assessing the CD system as a whole. For those reasons England is as relevant as Germany to that discussion (well maybe slightly less as Germany is the more popular venue for litigation).

My understanding of Thom's view is that being able to get a PI on presumed validity of the design is unfair and unusual since unlike a patent the registration office have not considered validity. My point was that for at least the major IP court of the EU that I know well the merits of arguments regarding both validity and non-infringment (the latter of which has never been previously considered for any IP right)aren't big factors in determining PIs and therefore the lack of examination of CRDs is not as relevant to the PI issue as Thom may have believed.

To be honest the PI point was very much secondary to the point I was making about the intents and purposes of the system. PIs are a pretty rare niche thing and in most cases can be compensated for when they are given wrongly.

Edited 2011-08-13 20:32 UTC

Reply Parent Score: 1

AdamW Member since:
2005-07-06

You don't really seem to engage with the fundamental nature of the situation, though. Your argument seems to be 'hey, this is normal, so what's the problem?', which is fine as far as it goes, but it _can_ be the case that what's 'normal' in a given legal system is not particularly equitable. The RCD system, at least to laypeople, sure looks like that.

Reply Parent Score: 2