Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Part 2: Trademarks, service marks and other distinctive signs
Part 3: Patents
Title 1: Introduction
Title 2: Subject matter of protection
Title 3: Acquisition of property rights
Section 1: Prohibited acts
I: Certificate of registration
II: Identical design or model
A: Overall visual impression/Informed observer
C: Likelihood of confusion
IV: Infringer in good faith
Section 3: Cumulative protection
Section 4: Transfer of ownership rights
Chapter 2: Limits to exclusive rights
Title 5: Protection of design
479. Assessment based on similarities
1 minute de lecture
Infringement is typically determined on the basis of similarities, not differences . Infringement occurs when a design takes on the essential characteristics of another, and has an identical general appearance, without the differences between the two making them disappear . However, the courts rule out infringement when, because of the high proportion and highly specific, new and original nature o …
