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Archive for: Art. 102 IPL

Industrial design law, case VI SA/Wa 736/10

January 19th, 2011, Tomasz Rychlicki

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.

Rp-12166

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“.

Industrial design law, case VI SA/Wa 922/10

January 19th, 2011, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 13 September 2010 case file VI SA/Wa 922/10 ruled on three important factors of the design law. The VAC held that the “overall impression” refers to the design as a whole, and not to its individual characteristics. It is therefore a general effect, the general feeling that is caused by compared designs on an informed user – whether it is a different impression, or the same. The informed user is a person well informed and having a good understanding and knowledge in this field, who is using certain items or groups of items, with knowledge about this products which is more practical or theoretical than the average user and having more abilities to perceive the characteristics of the object then the average user, and being infromed in the state of industrial design in the given field and being capable of distinguishing the available designs. The scope of creative freedom is determined by the functional characteristics of the object and the earlier state of designs. The oriented user must have a sufficient knowledge to assess the scope of creative freedom and be able to see even relatively small differences, important for the designs of low creative freedom.

Rp-10794

This judgment concerned the industrial design “Uchwyt meblowy” (in English: furniture handle), Rp-10794. 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 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 921/10

December 6th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 13 September 2010 case file VI SA/Wa 921/10 ruled on three important factors of the design law. The VAC held that the “overall impression” refers to the design as a whole, and not to its individual characteristics. It is therefore a general effect, the general feeling that is caused by compared designs on an informed user – whether it is a different impression, or the same. The informed user is a person well informed and having a good understanding and knowledge in this field, who is using certain items or groups of items, with knowledge about this products which is more practical or theoretical than the average user and having more abilities to perceive the characteristics of the object then the average user, and being infromed in the state of industrial design in the given field and being capable of distinguishing the available designs. The scope of creative freedom is determined by the functional characteristics of the object and the earlier state of designs. The oriented user must have a sufficient knowledge to assess the scope of creative freedom and be able to see even relatively small differences, important for the designs of low creative freedom.

Rp-10801

This judgment concerned the industrial design “Uchwyt meblowy” (in English: furniture handle), Rp-10801. 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 852/10

November 23rd, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 20 September 2010 case file VI SA/Wa 852/10 held that an industrial design has individual character if the overall impression it produces on the informed user differs from the overall impression caused by the design that was publicly available before the date according to which the priority is claimed. The scope of creative freedom in developing the design should be taken into account in assessing individual character of the industrial design. The VAC agreed with the Polish Patent Office that the opposed designs are determined by the function to which they were intended. The condition for invalidation of a design is not an infringement of an exclusive right but the statement that the use of industrial design violates personal or property rights of third parties, and the applicant has based its opposition on such arguments. The assessment whether the condition occurs in the light of that provision is therefore within the exclusive jurisdiction of the Polish Patent Office that should decide such case in the litigation procedure.

Rp-13123

This judgment concerned the industrial design “Ubranko ochronne dla zwierząt” (in English: animal protective gown), Rp-13123. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design law, case VI SA/Wa 505/10

November 18th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 23 June 2010 case file VI SA/Wa 505/10 held that as the informed user should be considered a person who orders from the manufacturer a set of advertising pads to promote his or her own business and to distribute such pads to places of their use. This is undoubtedly a model of an informed user, and so a hypothetical user who physically does non-exist, who uses the product continuously, so it is not the average consumer neither professional. From his or her point of view, the Polish Patent Office shall assess the overall impression on users of a given design and opposed designs. Nevertheless, it is the informed user who compares industrial designs. The scope of creative freedom in developing the design, is determined by the functional characteristics of the object and the earlier designs.

Rp-11754

This judgment concerned the industrial design “Podstawka reklamowa świecąca Star light” (in English: flashing advertising pad Star light), Rp-11754. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design law, case VI SA/Wa 2026/09

September 22nd, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 19 May 2010 case file VI SA/Wa 2026/09 held that for the purposes of assessing the probative value of the document, the reliability and accuracy of the information contained therein should be first examined. In this regard, in particular, the PPO should take into account the origin of the document, the circumstances of its preparation, its recipient, and then ask a question whether, given its content, it seems sensible and reliable.

This judgment concerned the industrial design “Panel perforowany” (in English: perforated panel), Rp-8329.

Rp-8329

Industrial design case, VI SA/Wa 1727/09

September 20th, 2010, Tomasz Rychlicki

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. 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.

Rp-6048

Industrial design law, case VI SA/Wa 1706/09

September 15th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 4 December 2009 case file VI SA/Wa 1706/09 held that there is no doubt that only the specialist is qualified to comment on the general impression that questioned designs produced on an informed user, as this specialist is also deemed as the informed user within the meaning of Article 104 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with later 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.

The Court also noted that in the assessment of evidence and proper application of the rule of law provided in Article 104 the IPL, the concept of “informed user”, “general impression” and “degree of creative freedom in developing the design”, which have not beed defined by the legislature, had to explained by the PPO and the Court. In the opinion of the VAC, the essential arguments of the Supreme Court’s judgment of 23 October 2007 case file II CSK 302/07 could be applied to this case case.

Wzór Przemysłowy Rp-11355

This judgment concerned the industrial design “Kanapa tapicerowana rozkładana” (in English: upholstered sofa bed) Rp-11355.

Industrial design law, case VI SA/Wa 504/10

August 24th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 11 May 2010 case file VI SA/Wa 504/10 held that the scope of creative freedom is determined by the functional features of the object and the previous designs. In case of designs that must meet particular functional requirements, the scope of creative freedom is smaller than in the case of designs, which have more of the aesthetic features. Where the scope of creative freedom is broader, the differences between designs should be more noticeable than in the narrow scope of that freedom. The informed user must have information on the object, that is sufficient to assess the scope for creative freedom and be able to see even relatively small differences, that are important in the case of designs with little creative freedom.

Wzór Przemysłowy Rp-11748

This judgment concerned the industrial design “Podstawka reklamowa Star base” (in English: advertising pad Star base) Rp-11748.

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.

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.

Industrial design, case VI SA/Wa 506/10

May 27th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 27 may 2010 case file VI SA/Wa 506/10 held that due to the fact that the Polish Patent Office did not timely corrected the deficiency of the reasons of its decision and it did not decided and ruled on this issue in its response, although irregularities were indicated in the complaint, the Court had to decide at this stage of proceedings that the contested decision infringes the rules of administrative proceedings in the aspect that could significantly affect the outcome of the case.

Wzór Przemysłowy Rp-11779

This judgment concerned the industrial design “Zestaw podstawek reklamowych Star Fala” (in English: Set of advertising coasters Star Fala) Rp-11779.

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

Industrial design, case VI SA/Wa 1038/09

May 21st, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in a judgment of 23 February 2010, case file VI SA/Wa 1038/09, held that the Polish Patent Office wrongly ruled that the admission of evidence based on the testimony of a witness will not bring anything new to the case, by stating that these witnesses were not credible evidence that the subject of disclosure in the shop (boards) was questioned industrial design. The VAC held that such ruling has the nature of prejudice and is contrary to the provisions of administrative procedure because the PPO made the assessment of usefulness and credibility of evidence, of which it has not get acquainted with.

Wzór Przemysłowy Rp-11243

This judgment concerned the industrial design “Tablica informacyjna” (in English: Information table) Rp-11243. 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, case VI SA/Wa 34/09

April 28th, 2010, Tomasz Rychlicki

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.

Wzór Przemysłowy 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.