NIPC Law

Oskar Schlemmer's Bauhaus Emblem   Jane Lambert On 25 Jan 2022, the Intellectual Property Office  ("the IPO") announced a call for views on the legal protection of designs in the United Kingdom (see the IPO Press release IPO launches call for views on designs system   25 Jan 2022). This call for views follows a survey aimed at people who do not consider themselves experts on  IP but who have an interest in designs and their protection which closed on 11 Feb 2022.  The reason for the review is that the UK has left the European Union and has an opportunity to change its design law. The Current Law In Design  I wrote: "In everyday language. we talk of design as something that is functional as in the shape of the fuselage of an aircraft or the arrangement of components in a circuit or as something aesthetic such as a garment or accessory or an item of furniture. That distinction is reflected in the law that provides different regimes for the protection of...

Suds on the New River between the USA and Mexico Author Calexico New River Community Licence Copyright waived   Jane Lambert The letters "SUD" stand for supplementary unregistered design. It is a new intellectual property right which came into being at 23:00 on 31 Dec 2020 in accordance with art 57 of the agreement for the United Kingdom's withdrawal from the European Union ("the withdrawal agreement").  Introduction SUD replaces unregistered Community designs which ceased to apply to the UK at the end of the implementation period on 31 Dec 2020.  Art 57 provides: "The holder of a right in relation to an unregistered Community design which arose before the end of the transition period in accordance with Regulation (EC) No 6/2002 shall in relation to that unregistered Community design ipso iure become the holder of an enforceable intellectual property right in the United Kingdom, under the law of the United Kingdom, that affords the same level of protection...

Jane Lambert Intellectual Property Enterprise Court  (Mr David Stone)  Rothy's Inc v Giesswein Walkwaren AG  [2020] EWHC 3391 (IPEC) (16 Dec 2020) This is a case about the design of shoes which is more interesting than many of the other designs that have come before the courts recently.  It is also possibly the last time an English court will have sat as a Community design court.  Mr David Stone, who tried the case as a deputy judge of the High Court, remarked at paragraph [9] of his judgment t hat   "As things currently stand, this Court will be unable to sit as a Community Design Court after 11pm UK time on 31 December 2020, given the current end date to the transition period following the UK's departure from the European Union." The Issues The claimant company,  Rothy's Inc. ("Rothy's"), is the registered proprietor of  registered Community design number 4500932-0002 for shoes  ("the RCD").  It also claimed to be entitled to an ...