June 27, 2016

IP guidance issued following much-publicised Supreme Court ruling

The Intellectual Property Office (IPO) has launched new guidance on filing UK registered designs.

The information has been released following a high-profile dispute earlier this year between PMS International Ltd and Magmatic Ltd (the maker of Trunki, a brand of ride-on children’s suitcases – see Royds’ case report here.

The IPO said that the case – which ultimately went against Trunki - highlighted the extent to which protection conferred by a Registered Design can be determined by the representations used in the course of submitting an application.

It is hoped that the document will provide information about the potential benefits or drawbacks of filing certain types of image or drawings of a particular design.

The statutory guidance said: “The degree of detail disclosed in a representation can vary depending on the type of representation format used.

“For example, a high-definition photograph of a three-dimensional object is likely to disclose design features which may not be discernible in a simple line drawing of the same object (a photograph is likely to disclose the visual effect of surface material, whereas a simple black-line drawing may not).

“That being so, applicants should be careful when selecting representations to ensure that they accurately reflect exactly what the design is intended to protect.”

The IPO also reiterated the importance of all applicants exercising care when selecting representations to ensure that they accurately reflect what the design is intended to protect.

The full guidance is available at the Intellectual Property Office website.

At Royds, our experts can provide comprehensive advice on all aspects of intellectual property law affecting business. For more information please visit or contact Stephen Welfare or John North.

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