Wrong ideas about design infringement

Published onJune 2017

If there are at least 7 differences between two designs, there is no counterfeiting.

Wrong!

The designs are compared according to their similarities and the overall impression they produce on an informed user. If the overall impressions are the same, copying or infringement may be recognized. If they differ from each other, the first registered design is not infringed.

There is thus no anti-counterfeiting magic method. The key points are knowledge of the state of the art and of the previous registered designs, previous searches and consultation of an IP attorney when in doubt for appreciation of the peculiarities of each individual case.

INSCRIPTA

Our previous post Wrong ideas about…