Ampel 24 Vertribes – GmbH and Co KG v Data Research Incorporated, OHIM Invalidity Decision, 1st of December 2005
Citation: Ampel 24 Vertribes – GmbH and Co KG v Data Research Incorporated, OHIM Invalidity Decision, 1st of December 2005
Rule of thumb: Where there is a design for a product registered which improves the functionality of a product, but does not qualify for a patent, can this be registered & protected with a design? Yes, design law can in some circumstances serve a dual purpose of protecting innovations which were not sufficiently novel to qualify for a patent.
Judgment:
The Court held that where there are some technical functions, but the article is predominantly for design and style then this is capable of being protected. Design registrations are able to somewhat serve a dual purpose and this has to be made clear on any applications, ‘However, the Community design does not subsist in features of appearance solely dictated by the technical function of the underwater motive device. The device would still fulfil its function with a body of a different shape... Likewise, the handle element could have been formed by two separate grips instead of the unique piece...’ (paragraph 14)
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.