23rd March 2016
23 March 2016, London
The Supreme Court’s recent decision in Trunki was unsurprisingly met with uproar in the design community, amid renewed calls for more to be done to protect innovative design in the UK.
However, claims that the Trunki decision has plunged design protection into turmoil seem wide of the mark. In truth, whilst the outcome was undeniably unfortunate for Magmatic, nothing in the Trunki decision substantially undermines the value of existing RCDs or the importance of filing properly considered Registered Community Designs (“RCDs”) portfolios for new products. Trunki largely reinforces what was already known about the potential pitfalls when implementing an effective design filing strategy.
Here are three observations in light of Trunki:
Much of the frustration surrounding the Trunki decision was that design law had failed to prevent a competitor coming onto the market with the same type of product as the unarguably innovative Trunki suitcase. That is true, but it has never been the role of design law to prevent this kind of competition.
Originally published in DesignWrites 8th Edition. Co-authored by Ewan Grist.
Daisy is an associate in our Intellectual Property Group based in London. She has experience in a broad range of intellectual property matters across the technology, financial services, life sciences, sports and media sectors.
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