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Category: Infringement Risk

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 […]

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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

Why a Comprehensive Professional Search is Essential Before Registering a Design

Before registering a design, conducting a comprehensive professional search is crucial to mitigate legal risks, ensure protection, and maximize enforceability. This process involves identifying prior designs, assessing potential conflicts, and ensuring the design meets legal requirements for protection. 1. Importance of a Professional Design Search Avoiding Infringement Risks: A search helps to identify earlier registered […]

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15. February 2025
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 |  Category: design application in Germany, design law, Design Protection, Design registration in Germany, design rights, Design Search, enforceability, EUIPO, European design application, German design application, Infringement Risk, Locarno Classification, Novelty, Objection, professional search, Similarity, UK Unregistered Design Rights