Trunki, registered design and the Court of Appeal

http://www.bailii.org/ew/cases/EWCA/Civ/2014/181.html

The law governing community designs (both registered and unregistered) can be found under the Community Designs Regulation (6/2002/EC) (CDR).

They must be “new” and have “individual character” (Article 4(1)) and a new “design” is defined as “the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation” (Article 3(a)).

The design must have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the filing or priority date of the design for which protection is sought (Article 6).

When assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration (Article 6(2)).

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