EU Unregistered Community Design Protection: Leveraging UCD Rights, Overcoming Novelty Requirement Challenges

This program has been cancelled

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 8, 2022 (in 12 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST


This CLE webinar will guide IP attorneys on the EU's unregistered community design (UCD) rights. The panel will examine the protection it can provide and its novelty requirement, as well as the associated challenges posed by this requirement. The panel will discuss recent decisions and the guidance provided by those decisions and offer best practices for navigating the UCD right and novelty requirement.

Description

Designers receive strong IP protection under the EU's UCD. This protection goes into effect as soon as new designs with individual character go public. Protection is automatic; no registration is required. The protection, which lasts for three years, protects against copying anywhere in the EU.

However, one small part of drafting has created a significant question mark over its scope, relevant to designers outside of the EU. The law states that the rights begin when the design is "first made available to the public within the EU." This novelty requirement presents challenges for many.

Those outside the EU will lose their UCD right if they disclose the design in their home market before making it available to the EU public. Those in the EU must also proceed with caution as launching their designs outside the EU, for example at an international conference, would jeopardize their UCD right.

Listen as our authoritative panel of IP attorneys examines the UCD right, the protection it can provide, the novelty requirement, and the associated challenges posed by this requirement. The panel will discuss recent decisions and the guidance provided by those decisions. The panel will also offer best practices for navigating the UCD right and novelty requirement.

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Outline

  1. UCD right and available protection
  2. Novelty requirement and associated challenges
  3. Court treatment
  4. Best practices for navigating the UCD right and novelty requirement

Benefits

The panel will review these and other key issues:

  • The EU's UCD right
  • The novelty requirement and challenges for those outside the EU
  • Recent court treatment and the guidance those decisions provide

Faculty

Sherliker, Tristan
Tristan Sherliker

Solicitor Advocate
Bird & Bird

Mr. Sherliker practices in all areas of intellectual property law. As a solicitor advocate, his particular focus is on...  |  Read More

Totino, Serena
Serena Totino

Solicitor & Avvocato
K&L Gates

Ms. Totino is a member of the firm’s IP procurement and portfolio management practice group. She manages the...  |  Read More

Weinstock, Pamela
Pamela Weinstock

Legal Consultant
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Ms. Weinstock is an experienced general and in-house counsel whose career has spanned the fashion, arts, media and...  |  Read More