article thumbnail

China’s Rise in U.S. Design Patent System

Patently-O

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system.

article thumbnail

Registering Product Design and the Functional Limitation

Patently-O

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Designs 74
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Guest Post by Prof. Burstein: Design patents: Line drawing & Locarno

Patently-O

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. 161, 219–20 (2015) (footnotes omitted).

article thumbnail

Never Too Late: If you missed the IPKat last week!

The IPKat

Trade Marks and Designs Anna Maria Stein commented the latest decision ( T-537/22 ) about the validity of Lego's registered Community design for “Building blocks from a toy building set”. Alessandro Cerri discussed the recent CJEU decision on the scope of the referential use exception as amended by the 2015 Trade Mark Directive.

Designs 67
article thumbnail

Can a third party rely on the 12-month grace period for prior design disclosure?

The IPKat

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 91
article thumbnail

[Guest post] An insight into international law-making: Third Special session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications of WIPO

The IPKat

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. If so, what should that entail?

Designs 70
article thumbnail

[Guest post] Second time is a charm: Danish design company wins plant box war

The IPKat

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 67