Industrial design, case VI SA/Wa 536/09

June 28th, 2009, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 8 June 2009 case file VI SA/Wa 536/09 held that according to the provisions of Article 102(1) of the IPL, the appearance of the whole or a part of a product decides about the possibility to qualify it as an industrial design, i.e. its appearance – visually perceived elements of a product that constitute a single entirety, not the product itself and its functional value or utility.

Wzór Przemysłowy 5041

This judgment concerned the industrial design “Obudowa dzwonka” (in English: bell casing), Rp-5041. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.