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ARTICLE · 23 OCTOBER 2014

Design Law Update – A Boost To EU Unregistered Design Right

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This article looks at the latest development in the field of design law, the recent CJEU decision in Karen Millen Fashions -v- Dunnes Stores.

European UnionIntellectual Property
Clive Thorne
Clive Thorne

This article looks at the latest development in the field of design law, the recent CJEU decision in Karen Millen Fashions -v- Dunnes Stores1, in which the CJEU has given guidance on the interpretation of the Community Design Regulation2 in the context of a fashion dispute.

The scheme of design protection under English law

English law currently has at least five rights enabling the protection of industrial designs.  These are as follows:-

  • UK registered design right;
  • UK unregistered design right;
  • Copyright in relation to artistic works applied industrially;
  • Community registered design right; and
  • Community unregistered design right.

Some of the features of these rights are summarised in the tables below:-

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