Category: Designs
Scale models and intellectual property: does size matter?
Nothing is lost beforehand when it comes to defending intellectual property rights from small or large-scale reproductions of a product. The scope of protection and the scenarios in which you can enjoy such protection will depend on the type of IP rights on which you rely. Think for example of a handbag by a well-known […]
How patent’s priority affects the protection of industrial designs
Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. Under the nomenclature ‘industrial designs’, designs were considered industrial property rights in their own right under the Paris Convention for the Protection of Industrial Property (PCPIP) of March 20, 1883, which laid down the […]
The Lego case: The EGC recognizes the validity of the design protecting one of its famous construction blocks
Marta González Aleixandre, Associate Intellectual Property Department European Justice has found in favor of LEGO in its General Court Judgment (GC) of March 24, 2021 in case T-515/19, recognizing the validity of a design consisting of the representation of a block which is a component of this well-known construction game. The decision focuses on […]
Shall we play protecting our products? Design as a differentiating factor in the toy industry
Fakes are a major headache for toy companies. Counterfeiters, who even manage to obtain industrial property rights in their designs, are becoming increasingly more sophisticated. Let’s look at a few cases. Despite the general drop in consumption following lockdown in 2020, the toy industry has managed to emerge stronger than ever by taking advantage of […]
EU Design legislation under scrutiny: is a new Directive in sight?
The European Commission has published a report evaluating EU legislation on design protection, which assesses the overall functioning of the design protection system both at EU and national level, in what may be the first step towards a new Directive. By way of a quick reminder, designs protect the appearance of the product itself and/or […]
During lockdown applications for utility models to stop viruses grew in Spain
During the state of emergency, at least 110 applications for utility models were filed for products related to the fight against the pandemic. For individuals and small and medium-sized companies, utility models are an attractive way of protecting rights given the speed at which such applications are processed. The COVID-19 crisis led Spain to declare […]