Design Rights

13 articles available

Article 132(1) of the EUTM Regulation 2017/1001 provides that an EU trade mark court before which an EUTM infringement action has been brought ‘shall stay the proceedings’ if an application for…

Like many companies in the fashion industry, Christian Louboutin did not seek design patent protection for its shoe designs in Brazil. The red sole trademark application was filed in 2009 in Brazil,…

Background Craft and industrial products (CIPs) are a specific category of non-agricultural products originating in a certain geographic area and having a specific reputation for their qualities…

When deciding whether to opt for the Hague International Design System or go the national route, it is tempting to choose to go with the Hague International Design System for all the conveniences…

It has been several months since our last publication on Brexit and the world is very different since then due to the COVID-19 pandemic. As for BREXIT, this could be another pandemic for several…

EU Design law denies protection to designs which are solely dictated by a product’s technical function (art. 8(1) CDR). But how to determine if a product’s appearance is solely defined by its…

As discussed in our recent post here, the draft withdrawal agreement published by the EU Commission sets out a potential framework for trade mark and design rights AB (Anno Brexit). Certain…

This case, L'Oréal Société Anonyme & L'Oréal (UK) Limited v RN Ventures Limited [2018] EWHC 173, involved a claim for infringement of both European Patent (UK) 1 722 699 B1 (“the Patent”) and…

In a previous post we explored the potential disadvantages of failing to utilise the registered community design (“RCD”) in a Danish context. By contrast, this post will examine the possibilities of…