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Tag Archives: RCD

CJEU on designs which are solely dictated by technical functions

On 8 March 2018, the CJEU issued a preliminary ruling in a case that had been referred by the Higher Regional Court of Düsseldorf, Germany. The decision concerns Article 8 (1) of Regulation No 6/2002 which excludes the features of appearance of a product from protection which are solely dictated by its technical function. If all features

Europe – RCD: Dutch retail chains ordered to cease infringement of design rights of Chinese company

On 2 November 2016, the Hague Preliminary Relief Judge issued a preliminary injunction against the (locally) well-known Dutch retail chains Blokker and Leen Bakker (hereinafter collectively “Blokker”). These two affiliated retail chains together have more than five hundred stores across Benelux. The proceedings were initiated by the Chinese company Zhejiang Zhengte Co., Ltd (“Zhengte”). According

RCD, Germany & Italy: Designs prosecution and invalidity

New content on LimeGreen IP Knowhow Hogan Lovells’ LimeGreen IP now includes content on the laws governing design prosecution and requests for invalidation of designs in Europe (RCD) Germany and Italy. Guidelines for more jurisdictions will follow in due course. The new design prosecution section on LimeGreen IP covers how extent or length of protection and requirements of

EU: The case of the striped shirt – good news for holders of Community designs

(CJEU, Judgment of 19 June 2014 in Case C-345/13, Karen Miller Fashions v Dunnes Stores) The assessment of whether a Community design has individual character must be based on whether or not the design produces a different overall impression to the prior art with reference to earlier designs taken individually, and not to a combination