Design Rights & Laws | Copyright & Patent

From spare car parts to iconic sunglasses, designs are all around us. Some are new and innovative, others aesthetic and functional. Design laws exist to protect these commodities. Our IP teams in our offices worldwide are fully familiar with the different legal, technical and practical issues from jurisdiction to jurisdiction and are able to co-ordinate litigation, anti-counterfeiting and commercialisation strategies effectively.

Our Design Rights practice in these countries

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European General Court Highlights conflict between trade marks and designs

In a recent case the General Court of the European Union clarified the principles to be applied when a Community registered design is challenged on the basis of an earlier trade mark under the Community Design Regulation. This was only the second decision ever from the General Court about Community registered designs and the first to consider the conflict between trade marks and designs.

Border Enforcement

The ability to prevent infringing goods from entering the EU at its borders is a key weapon in the armoury of IP rights holders, yet the effectiveness of so-called "Border Detention Orders" varies significantly between Member States.

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Representing Community Registered Design owner Beifa Group before the European General Court

Allen & Overy acted for Beifa Group on a successful appeal before the European General Court. The decision, handed down on 12 May 2010, establishes that trade mark principles apply in resolving conflicts between earlier trade marks and registered designs.

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