The IP seminar at Gifu University January 2020
Concept of “essential design part” is an important point in determining the scope of design rights in a design rights infringement case. The mainstream approach in this case, was to certify the essential parts, while excluding commonly known parts.
However, recent judgement cites: “even if a known part is included in the design, a different design as a whole is formed by coexisting with other elements”, so “it is appropriate to observe an essential part as a shape formed by combining the known part with other elements.”
Using this judgement as the subject, patent attorney Masanori Hiroe will explain the recognition of the essential part of a design and the similarity/dissimilarity judgement in a design right infringement case for beginners.
Date: January 17, 2020
Speaker: Masanori Hiroe
Location: Gifu University, Collaborative Center for Academic Industry Government