UNION Design Seminar in Torino

Some time back we carried notice of the UNION Round Table on designs in Torino last week, on 8th October.  On the day, it was a fantastic session (though I have to declare an interest, having been involved), with important speakers and great audience input both practical and theoretical.
Here is a brief summary of the topics covered:  In the first session, on validity,

• David Keeling, of OHIM's Third Board of Appeal, covered their case law on (a) disclosure to the "circles specialised in the sector concerned" and (b) functional designs;
• His Honour Judge Michael Fysh, recently of the UK Patents County Court, gave a witty UK perspective on some validity topics ("Chatham House" rules apply); and
• David Musker of Jenkins (your humble author), Henning Hartwig of Bardehle, David Keeling and Michael Fysh mooted a little case study on circular beach towels (based on Franek v Franco), covering functionality and prior disclosure of the same design on a different product (the "Green Lane v PMS" issue) with a little help from the audience.

In the second, on filing strategies,

• Jean-Jacques Canonici of Procter & Gamble discussed design application preparation strategy with examples;
• Linda Liu, the eponymous founder of Linda Liu Group, talked through current Chinese practice, including reference views and descriptions;
• Kozo Takeuchi of Fukami discussed problems which can arise for European applicants in Japan, particularly concerning the drawings; and
• PierGiovanni Giannesi of Pirelli discussed how designs fit into a company's IP strategy alongside trade marks and patents.

Finally, on scope and infringement,

• Henning Hartwig introduced the topics and legal issues concerned;
• Judge Johanna Brückner-Hofmann, Presiding Judge, Dusseldorf District Court (which hears perhaps the largest number of design infringements in Europe at present), explained their methodology for assessing scope and infringement - which was, reassuringly, thoroughly reasonable and broadly compatible with that at OHIM and elsewhere; and finally
• Professore Cesare Galli, of IP Law Galli, ran us through the various and variable approaches of the Italian courts and their uses of Court experts and the "design jury", with reference to several cases (some of which we have previously reported here).

If you couldn't make it, UNION has made the papers from the seminar freely available online - go to UNION's website, then click on Library and Reference - Latest Newsletters and Bulletins - Roundtable on Design Protection Strategies (in the left hand column).  Here is a direct link which ought to work (no guarantees though).