Hans Eriksson and Petter Larsson (Westerberg & Partners Advokatbyrå Ab) published quite an interesting article for Lexology that concerns a lawsuit for copyright infringement in Sweden.
Back in 2016, a local retailer started to import watches with a minimalistic design that resembled such produced and offered by the well-known Sweden watch manufacturer Daniel Wellington.
A copyright lawsuit followed. The defendant position of the retailer was that the watch design at hand wasn’t original taking into account prior art which clearly showed a variety of other watches on the market that shared similar design characteristics.
Based on this, the first instance court dismissed the copyright infringement claim.
The decision was appealed. The Patent and Market Court of Appeal came to the conclusion that there was a copyright infringement. The reason was that the authors of Daniel Wellington’s watch had made small design choices to create the watch which was sufficient for the watch originality.
Moreover, the court addressed the defendant’s mosaic of prior art components by stating that the fact that a product consists of previously known elements does not rule out copyright protection if it displays originality when considered in its entirety.
WIPO reports about the accession of the Republic of San Marino to the Hague Agreement Concerning the International Registration of Industrial Designs. This Agreement, which will enter into force for the country on 26.01.2019, gives an easy way for applying for industrial design protection in various countries around the world submitting only one application and paying one total fee instead of doing that in every single country.
More information can be found here.
EUIPO reports about the revised Guidelines for Examination of Registered Community Designs.
The revision focused on a number of important issues, such as the role of product indications and functionality in designs, and incorporating recent Court rulings into the Guidelines.
For more information here.
For all of us who are interested in searching for trademarks and industrial designs, a good news has come from EUIPO which announced that several Latin American countries joined important IP tools.
First and foremost Uruguay joined TMView database for trademarks and DesignView database for designs. Apart from this Honduras joined DesignView too.
In brief, this means that national trademarks from Uruguay and national designs from Uruguay and Honduras will be accessible through both databases which by itself is a real advantage.
In addition to that El Salvador and Costa Rica joined the TMClass database responsible for harmonization of goods and services for the purposes of filing trademark applications.
For more information here.
WIPO informs about the accession of Canada to the Hague Agreement for international registration of industrial designs. This makes Canada the 55th member state. The agreement will come into force for the country on 05.11.2018.
As it is well-known the Hague Agreement gives an opportunity for an easier filing of international applications for designs.
The concrete accession is one more step by Canada to facilitate all international applicants of intellectual property after the accession to the Madrid Protocol for international protection of trademarks.
EUIPO reports about the accession of Montenegro to the global design database DesignVew. In that way, the participating Offices become 65. In the meantime, the database gives access to more than 13 million designs around the world.
More information here.
1. DesignEuropa Awards 2018 – apply or nominate by May 15. For more information here.
2. The Protection of Fashion Shows in Italy: An Uncharted Stage. For more information here.
3. All rights reserved – advantages of copyright registration. For more information here.
Source: Intellectual Property Center at the UNWE. More information can be found here