Good news for fashion designers — Community unregistered design right
Unregistered Community design right comes into existence automatically by the mere fact of making products incorporating the design in question available to the public in the European Union; there is no requirement for registration.
Unlike with registered Community design, there is no exclusive right conferred upon the holder, as it must first be shown that the design has been copied before an infringement can be proven. The term of protection runs for a period of three years from the date on which the design was first made available to the public in the EU. This compares unfavourably with the protection afforded by Community registered designs, which confer upon the holder an exclusive right to use the design and prevent third parties from doing so for 25 years, with no requirement to prove that the design has actually been copied. However, in industries where the design will have a short shelf life, where the costs of registration outweigh the commercial benefits of doing so, unregistered Community design right may be very important. Probably the most obvious instance of such an industry is the fashion industry.
The nature of the protection afforded by Community unregistered design right should shortly become much clearer when the Court of Justice of the European Union (CJEU) delivers its ruling in a long-running dispute between Karen Millen and Irish retailer Dunnes Stores. Karen Millen instituted infringement proceedings in Ireland in respect of a black knit jumper and a blue shirt and a brown shirt offered for sale by Dunnes Stores…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Nnew advice and guidance has been published for vloggers on how to ensure they do not unwittingly contravene consumer protection legislation or the CAP Code.
Also: defining ‘building’ in planning policy; and more
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.