In proceedings on an action for the protection of an industrial design, the court does not assess the registrability (especially novelty and individual nature)

JUDr. Jakub Vozáb, PhD. 20.12.2015

** The court does not assess the registrability (especially novelty and individual nature) of an industrial design in an action for its protection, even in a situation where this issue has already been examined by the Industrial Property Office for reasons other than the alleged ineligibility of registration (albeit in assessing the scope of protection the court may examine the fulfillment of a condition which, in its verbal definition, is identical to the condition examined also when assessing the registrability – eg the overall impression acting on the informed user). **

(Judgment of the Supreme Court of the Czech Republic file no. 23 Cdo 4219/2013, dated 15.12.2015)