Posts Tagged "design"

The technical function exclusion in design law

Posted on Nov 9, 2018

The technical function exclusion in design law

The DOCERAM/CeramTec-case (C-395/16) is the first case dealing with the meaning of the “technical function” exclusion in relation to Community designs. The CJEU’s judgment provides an interpretation of Article 8(1) of Council Regulation (EC) No. 6/2002 on Community designs (the “Regulation”) – and hence, indirectly, also of Article 7(1) of Directive 98/71/EC on the legal protection of designs – which provides that “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.” Such...

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Government’s reflections on the world of Intellectual Property

Posted on Sep 30, 2013

Government’s reflections on the world of Intellectual Property

INTRODUCTION Have you ever basked in the warm sunshine of a glorious summer’s day, in daydreaming mode, and allowed your mind simply to wander at random? You start with a thought, you turn it over in your mind, and then a point is reached where you go off at a tangent and muse over some largely unrelated thought, only to be diverted in yet another direction. Eventually you may go the full circle and come back momentarily to the point of departure, before heading off again elsewhere. Daydreaming can be a very pleasant experience and it has the beauty that you do not have to make any...

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Patently Wrong – The jury’s verdict in Apple v Samsung

Posted on Sep 17, 2012

Patently Wrong – The jury’s verdict in Apple v Samsung

All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation. After nearly 18 months of protracted trench-warfare between Apple and Samsung’s formidable IP legal teams in the Northern District Court of California, Judge Lucy Koh surrendered the matter to a panel of 9 laymen (and women). A mere 22 hours later the (well rested and fed) jury had finished studying Judge Koh’s 109 page instructions and 26 pages of the parties’ juror forms, answered all 56 factual and legal questions and ticked all of the 250+ boxes of the baffling verdict...

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