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Registered designs, unregistered EU designs, copyright and protection against unfair imitation may overlap in a product-copying dispute.
What we examine
- Identify the right, registered representations, priority and territory.
- Compare overall impressions and the existing design corpus.
- Examine validity, relevant acts of use and possible exceptions.
Key legal considerations
Registration does not replace assessment of novelty and individual character. For an unregistered EU design, disclosure, protection period and copying are particularly relevant. Similarity alone will generally not establish an unfair competition claim.
Illustrative practical example
A furniture manufacturer challenges a competing model. Comparing distinctive features and earlier designs helps assess the scope of protection and meaningful differences.
Documents for the review
Design numbers, registered images, development records, disclosure evidence, comparison products and sales records.
Advice and next steps
horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.
First steps · Undertakings · Court proceedings
Legal source: Official legislation. The assessment depends on the individual case.
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