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Pojęcie indywidualnego charakteru wzoru przemysłowego
The notion of the individual character of an industrial design

Author(s): Jolanta Pacian
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: industrial property; industrial design; individual character

Summary/Abstract: The purpose of this paper is to describe the role of the doctrine and judicial decisions concerning the individual character of industrial designs. The individual character of an industrial design is determined by three features: the general impression, a well-informed user and creative freedom. An industrial design is characterized by its individual character if the generally different impression which it makes on a well-informed user varies from his/her generally different impression of another design made publicly available before the time according to which the priority is set. When assessing such an individual character of an industrial design, the range of creative freedom involved in the process of creation is also crucial. The legal regulations concerning industrial designs are described in the Act of 30 June 2000 – Industrial Property Law.

  • Issue Year: XII/2014
  • Issue No: 3
  • Page Range: 125-134
  • Page Count: 10
  • Language: Polish