Industrial Property Law

To destroy the novelty of a design, the prior use must be duly dated . A court cannot uphold undated prior use . The date of a screenshot without extrinsic dating elements is not a definite date, as the screenshot only has a definite date as of the date it was printed , nor is the date digitally affixed to a photograph, the conditions of which remain unexplained , or the sole date of the seizure o …

Duly dated

To destroy the novelty of a design, the prior use must be duly dated . A court cannot uphold undated prior use . The date of a screenshot without extrinsic dating elements is not a definite date, as the screenshot only has a definite date as of the date it was printed , nor is the date digitally affixed to a photograph, the conditions of which remain unexplained , or the sole date of the seizure of a design when the designs being compared were both marketed at that date .

Since the reform introduced by the Ordinance of 25 July 2001, the date of the prior art must be prior to the date of filing of the application for registration or priority of the design whose novelty is contested (Art. L. 511-3 IP Code). As soon as the prior uses submitted for discussion are either subsequent to the filing of the design application, or undated, the registered design is considered to be new . Previously, the existence of prior use was assessed on the date of creation of the protected design  or on the date on which it was established that the design's proprietor was the owner of the rights .

Cass. com., 26 October 2010, LawLex201000001277JBJ; CA Paris, 20 December 2013, LawLex201300001898JBJ; CA Paris, 28 November 2001, LawLex202100003584JBJ; CA Paris, 14 March 2001, LawLex200200000657JBJ; Cass. com., 24 June 2014,  LawLex202100003828JBJ.

CA Paris, 2 April 2003, LawLex200300004370JBJ.

CA Paris, 27 March 2015, LawLex201500000380JBJ.

CA Paris, 26 September 2001, LawLex200200000532JBJ.

CA Paris, 24 February 1994, LawLex202200001145JBJ.

CA Paris, 5 May 2004, LawLex200600001407JBJ

Cass. com., 21 March 1995, LawLex202200000882JBJ.

Cass. com., 8 November 1994, LawLex202200000315JBJ.

Industrial Property Law

432. Duly dated

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

432. Duly dated

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise