The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 26 February 2010, case file VI SA/Wa 34/09, ruled that there is no doubt that the industrial design must be assessed in such a form in which it will be possible to visually acquaint with it and with all the features of a product.

This judgment concerned the industrial design “Teczka na dokumenty” (in English: Folder for documents) Rp-4223.

The VAC ruled that the use of folders for documents is also based on their opening and closing in order to place the relevant documents inside, therefore, the discussed “inside” features must also be assessed.

This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.

See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Categories: appearance of the whole or a part of a product | Art. 102 IPL | Art. 103 IPL | Art. 104 IPL | industrial designs | invalidation of a right in registration | novelty of an industrial design | Polish Act on Industrial Property Law | Voivodeship Administrative Court.