The Voivodeship Administrative Court in Warsaw in its judgment of 4 October 2010 case file VI SA/Wa 736/10 ruled that the protection of unregistered Community design that results from the Community regulations does not allow for its extension through the registration of that design. Moreover, the protection of an unregistered Community design starts from the date of its first public disclosure.

This judgment concerned the industrial design “Urządzenie treningowo-sportowe” (in English: Sports-based training device), Rp-12166. The 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: Art. 102 IPL | Art. 103 IPL | Art. 246 IPL | Art. 255 IPL | individual character of a design | industrial designs | invalidation of a right in registration | novelty of an industrial design | Polish Act on Industrial Property Law | Voivodeship Administrative Court.