The design corpus
56.The corpus includes designs of which the informed user is not aware, see Easy Sanitary Solutions BV v Group Nivelles (Case C-361/15 P) EU:C:2017:720, at [130]-[134]. In that case the CJEU was concerned with validity but I will assume the same applies in the context of infringement. The corpus includes any design “disclosed” within the meaning of art.7 of Regulation 6/2002 at the relevant date. The apparent legal fiction is that for the purpose making a comparison of overall impressions, the informed user may be directed to compare a design within the corpus of which he or she had hitherto been unaware.
- This judgment was handed down remotely at 10.30 on 31 January 2023 by circulation to the parties or their representatives by email and released to the National Archives.
- Introduction
- Brexit
- The statutory law on infringement
- Right given by registration
- Interpretation of the registered designs
- Matters to be considered in an assessment of infringement
- The relevant sector
- The informed user, awareness of prior art and level of attention paid
- The designer’s degree of freedom
- Snow Globe
- Features solely dictated by technical function
- The relevance of branding
- The date of assessment
- Registration of design where application for protection in convention country has been made.
- The law on the comparison of overall impressions
- The design corpus
- The grace period
- Requirement of novelty and individual character
- The design corpus in this case
- The comparison of the overall impressions in this case
- Conclusion