The challenges of invalidating design rights


Michiel Rijsdijk

On September 2, 2015 the Court of The Hague passed a judgment in a case between Wibit-Sports and Aquaparx. Wibit-Sports invoked its copyright and registered Community designs (RCDs) covering several inflatable water toys for use in amusement parks. In response Aquaparx claimed invalidity of the RCDs owned by Wibit-Sports, stating that those designs are solely dictated by their technical function.

Michiel Rijsdijk, Arnold + Siedsma, Philips v Remington, Court of Justice of the European Union, registered Community designs,