Industrial design, case II GSK 277/06

March 28th, 2007, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 20 March 2007 case file II GSK 277/06 published in the electronic database LEX, under the no 321283, ruled on the definition of the appearance of the product. It refers to the appearance given by certain characteristics or patterns perceived visually and thus causing certain general impression while watching the product of which the design has been applied or is included, in the form in which it occurs in the market during the presentation and the acquisition of goods. Elements of the goods that are not visible or because of its characteristics may not be visible without a significant change in the form of a product during its examination on the market, are not relevant for assessing novelty and individual character of the industrial design, and thus cannot be protected.

Wzór Przemysłowy 7461

This case concerned the industrial design “Lód ekstrudowany jednosmakowy z nadzieniem” (In English: ice cream extruded with single taste stuffing), Rp-7461. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.