design infringement | horak . Design Attorneys

When Does a Design Infringement Occur?

1. When Does a Design Infringement Occur? A design infringement occurs when a third party uses a design that is identical or creates the same overall impression as a registered design without the owner’s consent. Under the Community Design Regulation (CDR) (Regulation (EC) No 6/2002, Article 19), the rights holder can prohibit any unauthorized use […]

15. February 2025

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| Category: Cease and Desist Letter, design application in Germany, design infringement, Design Lawyer, Enforcing Design Rights, Infringement Risk, Injunction, invalidity request, Modifying the Design, Objection, overall impression, penalty-bearing cease-and-desist declaration, Preliminary Design Search, Preliminary Injunction, recall of infringing products, Warning Letter

Design protection requirements under German law and under European law

Requirements for design protection – novelty and individual character Novelty The design must be new at the date of filing the application. No design that is identical or differing only in immaterial details must have been published, exhibited or otherwise used in trade, before the date of filing or the priority date. An exception to […]

21. August 2017

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| Category: design infringement, disclosure, grace period for novelty, Individual character, Novelty

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horak . Design Attorneys

Category: design infringement

When Does a Design Infringement Occur?

Design protection requirements under German law and under European law