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Archive for: appearance of the whole or a part of a product

Trade mark law, case Sp. 500/10

December 10th, 2012, Tomasz Rychlicki

Bakoma sp. z o.o. from Warsaw requested the Polish Patent Office to invalidate in part in Classes 29 and 30 the right of protection for the 3D trade mark IR-700040 owned by Compagnie Gervais Danone. Some time ago, Danone sued Bakoma for the trade mark infringement, arguing that Bakoma has used similar product packaging for its line of Frutica yoghurts. Bakoma claimed that the sign in question lacks distinctiveness and it was applied in bad faith, because Danone did not intent to use this trade mark in form it was applied for. Bakoma pointed that Danone also owned registered design for a similar packaging, and the registration of trade mark was intended to extend the protection provided for a design, and it could indicate that Danone wanted to bypass the law.

IR-0700040

Danone argued that Bakoma does not distinguish between the concept of functionality and the technical features that may give the impression that the functionality is a prerequisite to prohibit registration. Patent attorneys representing Danone cited judgments of the CJUE and noted that only forms which are simply based on technical solution are not subject to the trade mark registration, and the sign in question clearly lacks of such solutions. Danone claimed that the package has not technical features because the container does not provide a transfer of filling (from a smaller to a larger compartment), it does not prevent from shedding, and it’s not a compact package. In addition, Danone argued that Bakoma failed to prove that at the time of the trade application on the Polish market, there were similar packaging that would prevent registration of an industrial design (formerly called ornamental designs), which means that the design was new. Danone emphasized that the mark at issue can not be used on to market alone, without any label. The French company also provided evidence that the trade mark is recognized by the consumers. At the time of trade mark application, the sign was present on the market for almost 14 years and it has acquired the secondary meaning. Its use was confirmed in advertisements and price lists.

Bakoma argued that the technical solution solves a problem. In this case, as a result, how to mix one component with another, and how to serve it mixed – a solution to this problem is to move the component. These functional features are technical. Such example was even displayed in the commercial movie during the hearing. Bakoma stated that the 3D sign was not distinctive at the date of application, nor it has acquired the secondary meaning, because a 3D form can be a trademark when the average recipient will associate it with the origin of the goods. 3D form can attract the attention of consumers in terms of aesthetics, but it does not mean that it functions as a trade mark. There is no doubt that goods may be aesthetic, may encourage the purchase, but do not work as a sign. In addition, the sign could not acquire secondary meaning because it is used as a technical function, utility function. Bakoma argued that Danone seeks for the right of protection for a sign that was not intended to be used in the applied form. Even, while deciding trademark infringement case, the Appeallate Court ruled that Danone uses in the course of trade a combined mark. Bakoma argued that through the registration of the trade mark Danone wanted to obtain a monopoly on technical solutions with the use of the institution of the right of protection for a trade mark. It is a clear example of bad faith.

On 19 November 2012, the Adjudicative Board of the Polish Patent Office held its hearing, case no. Sp. 500/10. Danone’s representative has requested the PPO to postpone the hearing to allow him to get acquaint with the pleading filed by Bakoma. The PPO acceded, and set a two-week deadline. The PPO obliged both parties to complete all claims in a period of two months, under pain of losing the chance to raise them at a later date. Bakoma also requested the Polish Patent Office to decide on the lapse of the protection for the 3D trade mark IR-700040, however the PPO did not schedule the hearing in this case, no. Sp. 513/08.

Industrial design law, case II GSK 932/09

January 10th, 2011, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 19 October 2010 case file II GSK 932/09 held that an industrial design concerns the form of a product, i.e. external characteristics that are observable, and individual appearances of a product cannot be claimed only because the material which was used to achieve the final effect (that was claimed in the application of the industrial design) is different from the one initially used, or that the production method of the design has changed. Also, these external elements which are not sufficiently visible cannot decide on a different, individual character of the industrial design.

Rp-9192

This judgment concerned the industrial design “Zadaszenie drzwi” (in English: door canopy), Rp-9192. 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“.

Industrial design law, case VI SA/Wa 1339/10

December 6th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 3 October 2010 case file VI SA/Wa 1339/10 held that the “identicality” as understood in the definition of a novelty of an industrial design is not consistent with the meaning of the word “identical”, which means that the compared designs should be the same. Identical industrial design also means a design that differs only in unimportant differences. Thus it becomes necessary to identify the different elements and determine whether the observed differences are significant because only differences in the essential features will allow for the recognition of the novelty. In the three-dimensional designs, with the most specific form of the product and such a design was the issue of this case, the change to have an essential character may relate to each element of which is the essence of a particular three-dimensional form.

Rp-6063

This judgment concerned the industrial design “Chleb” (in English: bread), Rp-6063. 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“.

Industrial design law, case VI SA/Wa 599/10

August 2nd, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 12 May 2010 case file VI SA/Wa 599/10 held that the factual justification of the decision of the Polish Patent Office should contain the facts that the PPO regards as proven, the evidence relied upon and the reasons for which other evidence has been treated as not authentic and without probative force. The legal justification should contain the legal authority for the decision with reference to the relevant law. Only justification prepared in accordance with these requirements allows for a full review of the contested decision. The Court upheld the contested decision and ruled it unenforceable because the PPO found that the design meets the requirement of individual character, but it did not explain which differences in shapings decide on their individual character. The position of PPO as to a small range of creative freedom was also not apparent from the justification.

Wzór Przemysłowy Rp-12232

This judgment concerned the industrial design “Plafoniera sufitowa” (in English: Ceiling plafoniere/ceiling-mounted chandelier) Rp-12232. 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“.

Industrial design law, case VI SA/Wa 598/10

August 2nd, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 12 May 2010 case file VI SA/Wa 598/10 held that the court’s review of a decision issued by the PPO does not include a requirement to make additional findings for a case. The factual justification of the decision should contain the facts that the PPO regards as proven, the evidence relied upon and the reasons for which other evidence has been treated as not authentic and without probative force. The legal justification should contain the legal authority for the decision with reference to the relevant law. Only justification prepared in accordance with these requirements allows for a full review of the contested decision.

Wzór Przemysłowy Rp-12224

This judgment concerned the industrial design “Ramię ozdobne do opraw oświetleniowych” (in English: Decorative Arm for luminaires) Rp-12224. 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“.

Industrial design, case VI SA/Wa 34/09

April 28th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its 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. The Court 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 examined.

Wzór Przemysłowy Rp-4223

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

Industrial design case, VIII SA/Wa 332/09

February 11th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 15 December 2009 case file VIII SA/Wa 332/09 ruled that he “informed user” is a person who continues to use a product and therefore has some knowledge about its design. It is not a professional. This may be a very attentive consumer who knows what is he or she looking for and who draws attention to all visible elements of the product. The infromed user who uses cartridges for a roller blind, is certainly not an average user or an average purchaser of such product. While assessing the individual character of a cartridge for a roller blind, the scope of creative freedom should be assesed, taking into account the nature of the product and its utilitarian functions, and then, by establishing the characteristics of an “informed user”, the evaluation of a products and the differences should be performed through such prizm, bearing in mind that the “informed user” is one who knows that there are different types of cartridges and who examine them carefully. This judgment is not yet final. The parties may file a cassation complaint to the Supreme Administrative Court.

Wzór Przemysłowy Rp-8019

This judgment concerned the industrial design “Kaseta do rolet” (in English: cartridge for a roller blind), Rp-8019. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design, case II GSK 772/09

February 4th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw received two different complaints against the same decision of the Polish Patent Office on the invalidation of the right in registration. The Court decided on both complaints and issued the resolution of 16 April 2009 case file VI SA/Wa 443/09 the parties in this case were the PPO and a Polish joint-stock company from Bydgoszcz (legal entity), and the resolution of 23 June 2009, case file VI SA/Wa 715/09, the parties in this case were Jan Romanik (natural person) and the PPO. The VAC rejected the complaint in the second case and hold that there exist the identity between case VI SA/Wa 443/09 and VI SA/Wa 715/09. Jan Romanik brough a cassation complaint.

The Supreme Administrative Court in its judgment of 9 December 2009 case file II GSK 772/09 ruled that the violation of law made by the VAC was based on a wrong assumption that the resolution case file VI SA/Wa 443/09 was related (the so-called “case sameness”) to VI SA/Wa 715/09, namely, because the case fell within the action between the same parties, which was the subject of the same decision of the Polish Patent Office. The SAC ruled that even if the natural person was the sole shareholder in the joint-stock company, both entities cannot be identified as one, because these are participants of legal transactions that are independent from each other and each of them acquire the rights and duties on its own behalf.

Wzór Przemysłowy Rp-9834

This judgment concerned the industrial design “Łopata” (in English: shovel) Rp-9834. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design, case II GSK 238/09

January 27th, 2010, Tomasz Rychlicki

The Supreme Administrative Court in a judgment of 16 December 2009 case file II GSK 238/09 ruled that the essential features of the industrial design, are these characteristics that determine the overall impression that the design produces on the informed user. These are features of the shape/appearance which serve as a basis for identifying, distinguishing the design from other, already known designs. The forms of the industrial design differ (otherwise there would be no forms). But these differences include irrelevant features, i.e. those which do not affect the overall impression. The essential features, that decide on the overall impression are common for all forms of an industrial design. Forms of industrial design that are put in one application which are also having the essential features common, differ from each other only by features that are irrelevant. These forms are identical as defined in Article 103(1) – second sentence – of the IPL.

Designs shall also be deemed to be identical with those made available to the public if their features differ only in immaterial details.

This means that if some of the forms of the industrial design had already been made public, and lost its novelty, other forms, differing from them only by insignificant details, do not have the novelty characteristic, because they are considered by the law as identical, which means, they are devoid of the individual characteristic. This judgment was issued on the basis of the cassation complaint brought from the judgment of the Voivodeship Administrative Court in Warsaw of 11 December 2008 case file VI SA/Wa 1827/08. See “Industrial design case VI SA/Wa 1827/08“.

Wzór Przemysłowy Rp-9201

This judgment concerned the industrial design “Zadaszenie drzwi” (in English: door canopy), Rp-9201. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design case, II CSK 302/07

January 8th, 2010, Tomasz Rychlicki

I have to write about another important judgment I forgot to report two years ago. This time it is the judgment of the Supreme Court – Civil Chamber of 23 October 2007, case file II CSK 302/07, published in the Jurisprudence of the Polish Courts (in Polish: Orzecznictwo Sądów Polskich) of 2009, No 6, p. 451, together with the gloss by Maria Poźniak-Niedzielska at p. 455.

Some readres may be confused with regard to different courts deciding the same subject matter – in this case – designs and I need to explain that the administrative proceedings in designs’ cases, in general, concerns all decisions made or orders issued by the Patent Office of the Republic of Poland (the PPO takes decisions on granting, refusal to grant of a right in registration for an industrial design etc.) which are liable to complaint lodged to the Voivodeship Administrative Court (VAC) in Warsaw. Judgments made by the VAC may be a subject of a cassation complaint filed before the Supreme Administrative Court (SAC). However, cases with regard to infringement of a right in registration granted for an industrial design are decided in civil law proceedings. That was the reason the aforementioned case was decided at the last stage by the Supreme Court. See “Administrative, civil and criminal proceedings in trade mark cases in Poland“.

The Supreme Court had to give the interpretion of provisions of Article 104 and 105 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej), published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text on 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with subsequent amendments.

Article 104
1. An industrial design shall be considered to have individual character, if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available before the date according to which priority is determined.

2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

Article 105
1. For an industrial design a right in registration may be granted.

2. The right in registration shall confer the exclusive right to exploit the industrial design for profit or for professional purposes throughout the territory of the Republic of Poland.

3. The holder shall enjoy the right to prevent any third party from making, offering, putting on the market, importing, exporting or using a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

4. The right conferred by the registration of an industrial design shall include any design which does not produce on the informed user a different overall impression. Article 104(2) shall apply accordingly.

5. The right conferred by the registration of an industrial design shall be limited to the kind of products, in respect of which the protection has been applied for.

6. Subject to Article 111, the term of a right in registration shall be 25 years counted from the date of filing of an industrial design application with the Patent Office, the said term being divided into 5-year periods.

Wzór Przemysłowy 6751

The SC held that the examination whether there was any infringement of the registered industrial design requires a comprehensive comparison of designs from the perspective of the person using (on a permanent basis) these items, which belong to specific group of goods, a person being oriented/informed in designs that originate from the creative freedom and to examine/assess whether the overall impression produced by the questioned design on such a person differs or not from the general impression caused by the registered design.

Legal commentators stressed the fact that the concept of “informed user” (oriented) was implemented in the IPL following the adjustment of Polish law to protection standards that exist within the EU law. The person being an informed user is a newcomer in the pantheon of fictional characters of industrial property rights, functioning as a certain pattern. In article 26(1) of the IPL already exists such character called “a person skilled in the art”.

1. An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.

The Polish commentators also noted and commented on foregin judgments such as Procter & Gamble Company v Reckitt Benckiser (UK) Ltd., [2007] EWCA Civ 936 and Woodhouse UK Plc v Architectural Lighting. Systems t/a Aquila Design and Urbis Lighting Ltd. [2005] ECPCC (Designs) 25, [2006] RPC 1 and OHIM Invalidity Division’s decisions such as Eredu S Coop v Arrmet SRL, ICD 24, 27 April 2004 and Honda Motor Company Ltd v Kwang Yang Motor Company Ltd, ICD 1006, 30 August 2006.

Industrial design law, case VI SA/Wa 518/09

January 7th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 21 July 2009 case file VI SA/Wa 518/09 ruled that where the scope of creative freedom is greater, the assessment of the originality of the design may justify the thesis that the differences should have easily discernible character. By contrast, in the case of a design with a small range of creative freedom, even small differences will not remain unnoticed by the informed user. The design must be different from designs already known and cannot create the impression that a product of such a form of a design has already been seen. It is necessary to examine the compared designs, including the overall impression which is triggered by the design in terms of the so-called “informed user”. The term “informed user” indicates the person who uses the product/design on a permanent basis, so it is not, nor is the average consumer, or the average expert.

Wzór przemysłowy 11751

This judgment interpreted, inter alia, the provisions of Articles 103 and 104 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej), published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text on 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with subsequent amendments.

1. An industrial design shall be considered new if, before the date according to which priority to obtain a right in registration is determined and subject to paragraph (2), no identical design has been made available to the public, i.e. used, exhibited or otherwise disclosed. Designs shall also be deemed to be identical with those made available to the public if their features differ only in immaterial details.

2. The designs shall not be deemed to have been made available to the public within the meaning of paragraph (1), if it could not have become known to the circles specialised in the sector, to which the design belongs.

3. The provision of paragraph (1) shall not prevent a right in registration to be granted, if a design:
(i) has been disclosed to a third party under explicit or implicit conditions of confidentiality,
(ii) has been disclosed during 12-month period preceding the date according to which priority to obtain a right in registration is determined, by the designer, his successor in title or a third person with the right holder’s consent, as well as if the disclosure has occurred as a consequence of an abuse in relation to the designer or his successor in title.

Article 104
1. An industrial design shall be considered to have individual character, if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available before the date according to which priority is determined.

2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

Industrial design, case VI SA/Wa 1376/09

November 28th, 2009, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 13 November 2009 case file VI SA/Wa 1376/09 ruled that the objections with regard to the lack of novelty and individual character of the industrial design may be raised only when we are dealing with the industrial design as defined in the provisions of Article 102 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej), published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text on 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with subsequent amendments.

1. Any new and having individual character appearance of the whole or a part of a product resulting from the features of, in particular, the lines, colours, shape, texture or materials of the product and its ornamentation, shall constitute an industrial design.
2. Any industrial or handicraft item, including, in particular, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs, shall be considered to be a product.
3. The following shall also be considered to be a product:
(i) a product which is composed of multiple components, which can be replaced permitting disassembly and reassembly of the product (complex product),
(ii) a component part, if, once incorporated into the complex product, it remains visible during normal use of the latter, the use being understood as excluding maintenance, servicing or repair work.
(iii) a component part, if it may, by itself, be subject of commercialisation.
4. In case of a design applied to or incorporated in a product which constitutes a component part of a complex product within the meaning of paragraph (3)(i), assessment of novelty and individual character shall only be made in consideration of its visible features.

Wzór Przemysłowy 12053

This case concerned the industrial design “Przeciwpożarowa klapa odcinająca” (in English: fire severing flapper), Rp-12053. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design, case VI SA/Wa 211/09

September 29th, 2009, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 29 September 2009 case file VI SA/Wa 211/09 held that the prerequisite for registration as an industrial design is the recognition that there is the “appearance of the whole or a part of a product”, and therefore the subject of the application is visible on the outside. This assumption was based on the provisions of Article 102(1) of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej), published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text on 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with subsequent amendments.

Any new and having individual character appearance of the whole or a part of a product resulting from the features of, in particular, the lines, colours, shape, texture or materials of the product and its ornamentation, shall constitute an industrial design

The conditions of novelty and individual character should be examined later. An invisible item, hidden from the visual perception of the buyer, or the “end user” (consumer) does not constitute an industrial design. It does not have a form of “a product” which meas its appearance. It’s not about the appearance of the component of a product which is visible after separated from the whole, but it is about the possibility to get visually acquainted with it when you buy it, and especially – during the so-called normal use.

Wzór Przemysłowy 9737

This case concerned the industrial design “Ogranicznik wylewu” (in English: overflow limiter), Rp-9737. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design law, case VI SA/Wa 746/09

August 23rd, 2009, Tomasz Rychlicki

The Polish Patent Office registered the design of a bottle in the form of a contour map of Poland Rp-11003, applied for by Przedsiębiorstwo Wielobranżowe Euro-Kamil Polska sp. z o. o. from Wrocław.

Rp-11003

Jacek Andruszkiewicz from Warszawa filed a request for invalidation of this design. Mr Andruszkiewicz argued that the questioned design lacks of novelty. He pointed out to the 3D trade mark registration R-91920 owned by Jacek Andruszkiewicz Jolanta Duch s.c. DAYGLOB Biuro Exportowo-Importowe from 6 October 1995.

R-91920

The PPO invalidated the right in registration in its decision of 14 January 2009, case file Sp. 555/07. The PPO held that Jacek Andruszkiwicz had a legal interest in seeking the invalidation, as a competitor in the market of bottles. Euro-Kamil filed a complaint against this decision.

The Voivodeship Administrative Court in Warsaw in its judgment of 22 June 2009, case file VI SA/Wa 746/09 repealed the contested decision and held it unenforceable. The Court ruled that the PPO did not examine if the legal interest was real and sent this case for reconsideration.

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“.

Industrial design, case VI SA/Wa 498/09

June 18th, 2009, Tomasz Rychlicki

The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 10 June 2009, case file VI SA/Wa 498/09, ruled that the document based on the industrial property rights is assigned to more serious legal consequences than a document issued on a different legal basis. It was the result of the erga omnes protection of intellectual property rights. The right in registration does not cover the appearance or characteristics of a design, which arise solely from a technical function, or those which are necessary to connect such a product. Nevertheless, in Court’s opinion that was based on the interpreation of the text of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs, there is no reason to exclude the individual features (also these which are conditioned by technical functions they perform, so being excluded from protection) to assess the overall impression.

This case concerned the industrial design “Listwa osłonowa” (in English: lath curly), Rp-9605.

Wzór Przemysłowy 9605

See also my post entitled “Polish case law on industrial designs“.

Industrial design law, case VI SA/Wa 1827/08

December 12th, 2008, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 11 December 2008 case file VI SA/Wa 1827/08 ruled that the protection of an industrial design may only apply to the appearance of an object – its external appearance, not to its internal structure. The Supreme Administrative Court in its judgment of 16 December 2009 case file II GSK 238/09 dismissed the cassation compliant.

Wzór Przemysłowy Rp-9201

Industrial design law, case VI SA/Wa 1088/08

August 12th, 2008, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 11 August 2008 case file VI SA/Wa 1088/08 ruled that it is not enough to prove that the design applied for differs from opposed designs, but it must also be proved that it does not contain the characteristics of these designs – further – that it is not in fact the sum of the characteristics of these designs, it is not a combination of opposed designs.

This judgment concerned the industrial design “Wiadro” (in English: bucket), PRZ-1077. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

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“.