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
Chapter 1: Protectable creation
Section 1: Concept
Section 2: Priority
Section 3: Disclosure
Chapter 3: Individual character
Chapter 4: Complex product
Chapter 5: Exclusions
Title 3: Acquisition of property rights
Title 4: Rights conferred under design protection
Title 5: Protection of design
435. Proof
1 minute de lecture
To contest the novelty of a registered design, it is not enough to claim prior use. Complete anticipation use must be proven by documentary evidence and dated , and must have been disclosed prior to the filing of the design . The burden of proof lies with the party claiming lack of novelty , as trial courts are not required to investigate whether the design in question is novel , or to explain the …
