Design rights on non-visible parts – samsung cartridges

Design rights on non-visible parts - samsung cartridges

Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy behind this is that non-visible parts should be replaceable at all times. Therefore, the manufacturer can only claim design rights for the parts which are visible. However, how far can we take this?

At the court, in the Hague, this question was discussed in a case about Samsung printer cartridges. Can the design of the cartridge be legally claimed as a right? The cartridge can only be used within the printer, when it is not visible. And the printer itself cannot function without the cartridge. The court judges that the shape of a cartridge can be protected by design rights. A printer without a cartridge is still a complete product (like the lamp without the lamp bulb). This is good news for companies, because it enables them to protect the unique shapes of their products even more.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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