Darren Smyth explores the final decision from a UK Community Design Court which clarifies how to interpret a registered design

Publications

The decision in the Rothy’s Inc vs Giesswein Walkwaren AG [2020] case was the last judgment handed down by a UK court acting as a Community Design Court. EIP Partner Darren Smyth explores the judgment, which demonstrates how to interpret a registered design, in the Journal of Intellectual Property Law & Practice.

Darren Smyth writes: “David Stone, sitting as a Deputy High Court Judge, clarified fundamental concepts in European design law, including how a registered design is to be interpreted from the images in the registration, and the determination in validity and infringement of whether a design produces a different overall impression on the informed user.”

The full article can be viewed here, alternatively the author’s take is available here.