Author: Attorney at Law (Rechtsanwalt) for Design Law and Specialist Lawyer for Intellectual Property (Fachanwalt fuer gewerblichen Rechtsschutz) Thomas Seifried
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Your contact: Thomas Seifried, lawyer and specialist lawyer for intellectual property rights (Fachanwalt fuer gewerblichen Rechtsschutz).
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60322 Frankfurt am Main (Westend)
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The Registered Community Design
Prerequisites for protection, scope of protection, duration of protection and typical problems
- Prerequisites for protection: novelty, distinctiveness (=differentiability in contrast to the level of creativity!), registration
- Term of protection: five years from filing with the possibility of renewal up to a maximum of 25 years
- Scope of protection: European Union
- Scope of protection: Protection against "conformity in the overall impression": interaction of individual character, intensity of conformity taking into account the design density and the designer's freedom in the respective product class, not only protection against imitation, but also protection against parallel designers
- Typical problems of infringement: individual character, overall impression, freedom of design of the designer in the previously known treasure of forms of the product class