Post by account_disabled on Nov 6, 2023 3:26:48 GMT
In turn, a new design may lack any individual character. The issue of mutual relations between these premises affects the order and methodology of their examination judgment of the Supreme Administrative Court of May , , ref. no. act II GSK / . New industrial design The novelty of an industrial design is a criterion for the protection of an industrial design. Pursuant to Art. section and section Industrial Property Rights, an industrial design is new if an identical design has not been made available to the public, i.e. if it could not come to the attention of persons professionally involved in the field to which the design relates.
The case law indicates that "making an industrial design available to the public - in the light of Art. section of the Industrial Property Law - occurs by using a design, issuing it or disclosing it in another way. The list of forms of making the design available to the public is not exhaustive. However, under Art. section philippines photo editor of the Industrial Property Law Act states that the design is not considered to be made available to the public, within the meaning of section , if it could not reach the knowledge of persons professionally involved in the field to which the design relates. The most common ways of making a design available to the public are publication of the design and use of the design in trade" judgment of the Supreme Administrative Court of May.
However, it is worth bearing in mind the provision of Art. section Industrial property rights, according to which the provision of section does not exclude the possibility of granting a registration right if the industrial design was disclosed to a third party who was expressly or implicitly obliged to maintain confidentiality was disclosed within months before the date on which priority to obtain the right in registration is determined.
The case law indicates that "making an industrial design available to the public - in the light of Art. section of the Industrial Property Law - occurs by using a design, issuing it or disclosing it in another way. The list of forms of making the design available to the public is not exhaustive. However, under Art. section philippines photo editor of the Industrial Property Law Act states that the design is not considered to be made available to the public, within the meaning of section , if it could not reach the knowledge of persons professionally involved in the field to which the design relates. The most common ways of making a design available to the public are publication of the design and use of the design in trade" judgment of the Supreme Administrative Court of May.
However, it is worth bearing in mind the provision of Art. section Industrial property rights, according to which the provision of section does not exclude the possibility of granting a registration right if the industrial design was disclosed to a third party who was expressly or implicitly obliged to maintain confidentiality was disclosed within months before the date on which priority to obtain the right in registration is determined.