Tag: Industrial design

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One fee per class system introduced in Polish trademark law
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Court of Milan Grants Copyright Protection to Après-ski Boots Moon Boots
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“Blank” blocking orders on “alias” targeted web sites cannot be issued
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A bed Called ‘Nathalie’ – A Dispute Over Creative Designs Protected by Italian Copyright Law
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International Design Update

One fee per class system introduced in Polish trademark law

Changes have been introduced in the system of fees for the submission and protection of trademarks and industrial designs with the Polish Patent Office (PPO). An amendment of the Regulation of the Council of Ministers on fees relating to the protection of inventions, utility designs, industrial designs, trademarks, geographic designations and topographies of integrated circuits was published and entered into force at the end of 2016.

To read the full alert, click here.

By: Michał Ziółkowski

Court of Milan Grants Copyright Protection to Après-ski Boots Moon Boots

According to the Italian court, an industrial design can enjoy copyright protection if it has an artistic value 

According to the Italian court, an industrial design can enjoy copyright protection if it has an artistic value

In July, the Court of Milan issued an interesting decision that granted copyright protection to the famous après-ski boots “Moon Boots” on the basis that they have recognized artistic value. In fact, the court recognized that Moon Boots have a particular aesthetic appeal capable of deeply changing the concept of après-ski boots, so that they have become an actual icon of Italian design.

In this case, the producer of the famous après-ski boots sued the producer and the distributor of a similar type of boots, called “Anouk Boots”. They alleged they constituted copyright infringement, infringement of the registered community design as well as unfair competition and asked for applicable remedies and compensation.

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“Blank” blocking orders on “alias” targeted web sites cannot be issued

According to the Court of Milan, such  injunctions would be contrary to local procedural rules as well as to Italian and European fundamental principles of law

In July, a famous Italian broadcaster asked the Court of Milan to block access to a specific portal, in order to stop its unlawful communication to the public of football matches of major Italian teams and of the UEFA Champions League to which the broadcaster holds the exclusive broadcasting rights.

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A bed Called ‘Nathalie’ – A Dispute Over Creative Designs Protected by Italian Copyright Law

A recent judgment on 16 June  2015 (no. 7432/2015), saw the Court of Milan ascertain the difference between a shape trademark and an artistic shape classified as industrial design protected under copyright law.

The dispute concerned the use and the reproduction of the design of the renowned ‘Nathalie’ bed (the Design), which was created in the ‘70s by Italian designer and architect Vico Magistretti. Mr. Magistretti (and later his heirs) granted an exclusive licence of the Design to the plaintiff.

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International Design Update

New Members to the Hague System

The Hague Agreement concerning the International Deposit of Industrial Designs (Hague System) is administered by World Intellectual Property Organization (WIPO) and has been around for almost 100 years. It is a mechanism, similar to the Madrid Protocol System for trade marks, of registering an industrial design in several countries by means of a single application, filed in one language and with one set of fees. The Hague System produces the same effect of a grant of protection in each of the designated contracting countries as if the design had been registered directly with each national office, unless protection is refused by the national office.

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