Community-registered designs and prior disclosure

A recent High Court judgment provides useful guidance on when a prior disclosure of a design, which is subsequently improved and only then registered as a Community-registered design, may invalidate the registration.

The case of Magmatic Ltd v PMS International Ltd is another illustration of the benefits of registering a design under the Community Designs Regulation.

In order to be capable of registration under the Community Designs Regulation, the design must be ‘new’ and have ‘individual character’. It will 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 that has been made available to the public before the filing or priority date of the design for which protection is sought…

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