Sometimes the images that the applicant for a design right submits do not disclose the subject matter of the design as clearly as one might hope.
Sometimes the images that the applicant for a desIgn right submits do not disclose the subject matter of the desIgn as clearly as one might hope. They sometimes even show different objects, or objects in different situations. A case like this came before Germany's Federal Supreme Court, which the court decided with a judgment rendered in March 2012.
The plaintiff in this case is the registered owner of a Community Design for the form of a wine decanter. The submitted images show the decanter in seven different views: our images show the decanter with a block-shaped base, three other images show it without the base. One of each group of images is reproduced below.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
Community designs, Germany Federal Supreme Court, decanter, interpretation