The Requirements for Protecting the Shape of a Product as a Registered Trademark - Essay Example

Download file to see previous pages Critically Analyse the Requirements for Protecting the Shape of a Product as a Registered Trademark and as a Registered Design under EU Law By Student Name Course Institute Date Introduction Intellectual property rights protection and enforcement are usually left to national laws of the EU member states. However, as a result of the common market principles, the EU has increasingly harmonized intellectual property protection and enforcement. . n the Regulation relative to the Community designs as they have direct effect in the Community whereas Directives provide the content that Member states are required to implement into law.

11 However, since a number of important cases were decided under the EC Directive on the harmonization of trademarks, the EC Directive and Regulation will be discussed relative to the EU’s trademark law and protection of shapes. This paper will be divided into two main parts. The first main part of this paper will discuss and analyze the EC Regulation and Directive and case law relative to the registered protection of shapes as a registered design. The second main part of this paper will discuss and analyze EC Regulation and Directive and case law relative to the registered protection of shapes as a registered.

The Requirements for Protection of Shapes as Registered Design By definition a design is a “legal instrument” that provides protection for “creations that take the form of the external shape of products or of parts of products”.12 However, in order to be a registered design and to be accorded Community protection, the shape must be “new” and have “individual character”.13 Even where the shape is new and has individual character, and forms part of a design, it must be “visible during normal use”.

14 Normal use is defined as “use by the end-user,” and does not include “maintenance, servicing or repair work”.15 The visibility rule is obviously meant to ensure that any part of the design or any shape to which protection is sought as a registered design, must be seen by those who use the product. After all, one of the main functions of intellectual property protection is to prevent imitations and free-riding off the reputation and labor of another.16 ...Download file to see next pages Read More