The Novelty and the Individual Character are the Conditions of Legal Protection
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Abstract
The substantial features, which influence the granting design as new, must be connected with the essence of design – the appearance of product or its part. As substantial features can be granted features, that influence the shaping of doubtless different appearance of product or its part. They all must be obligatory for shaping the new appearance of product or its part. As inessential details can be granted details that do not influence the new appearance of product or its part and details that are not obligatory and do not express the essence. It is not obligatory to identify the concrete persons that are acquainted with the design available for public.
It is suggested to replace the concept of „specialist of certain sphere“ to concept of „layer of specialists of certain sphere“ or at least to have in mind such meaning by applying Law on designs. It is suggested to emphasize the knowing and to refuse the deceptive consideration of usage in the 8 article 2 part 1 point of Law on Designs.
The problems influenced by the change of local novelty criteria to the world wide novelty criteria are solved with help of principle lex retro non agit. The requirement of novelty which is valid at the moment of assessing the novelty should be applied.
The condition of individual feature is based on the outside impression of design. But it should be stressed that designs that differ in substantial features should leave for the informed consumer the different impression usually.
It is suggested to replace the concept of „specialist of certain sphere“ to concept of „layer of specialists of certain sphere“ or at least to have in mind such meaning by applying Law on designs. It is suggested to emphasize the knowing and to refuse the deceptive consideration of usage in the 8 article 2 part 1 point of Law on Designs.
The problems influenced by the change of local novelty criteria to the world wide novelty criteria are solved with help of principle lex retro non agit. The requirement of novelty which is valid at the moment of assessing the novelty should be applied.
The condition of individual feature is based on the outside impression of design. But it should be stressed that designs that differ in substantial features should leave for the informed consumer the different impression usually.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
