This is the continuation of a story described in “Industrial design law, case VI SA/Wa 1215/07“. The Polish Patent Office invalidated the right in registration based on the guidelines outlined in the mentioned judgements. The Polish company Gerlach S.A. filed a complaint against this decision. The Voivodeship Administrative Court in Warsaw in its judgment of 14 December 2009 case file VI SA/Wa 1727/09 ruled that the PPO correctly examined all evidences and dissmissed the case. The Court held that in accordance with the views of Polish legal doctrine and the established case law, the informed user is one who knows the scope of creative freedom and the state of design.

This case concerned the industrial design “Rękojeść sztućców” (in English: handle for cutlery), Rp-6048. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Categories: Art. 102 IPL | Art. 103 IPL | Art. 103(3)(ii) IPL | Art. 104 IPL | informed user | invalidation of a right in registration | novelty of an industrial design | Voivodeship Administrative Court.