CLASS 99
The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.
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FRIDAY, 8 JANUARY 2010
Design, freedom and Polish law
It's not often that Class 99 gets to report on design law developments in Poland, but celebrated Polish English-language blogger (and Class 46 team member) Tomasz Rychlicki has just provided this comment on a decision of the Voivodeship Administrative Court (VAC), Warsaw, judgment of 21 July 2009, case act signature VI SA/Wa 518/09. In that case the court ruled that, where the scope of creative freedom is greater, the assessment of the originality of the design may justify the thesis that the differences should have an easily-discernible character. In contrast, in the case of a design where there exists a small range of creative freedom, even small differences will not remain unnoticed by the oriented user. Says Tomasz, the court explains that
Tags: originality, Poland,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA92
Design, freedom and Polish law
It's not often that Class 99 gets to report on design law developments in Poland, but celebrated Polish English-language blogger (and Class 46 team member) Tomasz Rychlicki has just provided this comment on a decision of the Voivodeship Administrative Court (VAC), Warsaw, judgment of 21 July 2009, case act signature VI SA/Wa 518/09. In that case the court ruled that, where the scope of creative freedom is greater, the assessment of the originality of the design may justify the thesis that the differences should have an easily-discernible character. In contrast, in the case of a design where there exists a small range of creative freedom, even small differences will not remain unnoticed by the oriented user. Says Tomasz, the court explains that "The design must be different from the pattern already known and cannot create the impression that a product of such a form of a design (product) has already been seen. It is necessary to study compared designs, including the overall impression which is triggered by the design in terms of the so-called “oriented user” and the term “oriented user” indicates the person who uses the product/design on a permanent basis, so it is not, nor is the average consumer, or the average expert".Posted by: Blog Administrator @ 08.51
Tags: originality, Poland,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA92
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