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

Time: 5:00PM-6:00PM

Speaker: Masanori Hiroe

Location: Gifu University, Collaborative Center for Academic Industry Government