- Alert: Guidance for shorter trials in registered design cases (Spin Master v PMS)
- Original news
- Key point
- Further information
IP analysis: In a judgment from 9 May 2017 which has just been published, Mr Justice Carr has set out seven steps to be considered by the parties in order to achieve shorter trials in registered design cases. The judgment followed a case management conference in proceedings concerning a dispute relating to the registered Community design for a construction toy. The judge expressed concern at the high level of fees set out in the parties’ cost budgets and noted that previous guidance by the Court of Appeal concerning the efficient conduct of registered design cases had not been fully taken on board. In particular, he stressed the need to take into account the interests of other users of the court when allotting court time to trials, and said that there was no reason why registered design cases should last for days. In addition, while it was tempting for claimants to seek to adduce evidence of copying, such evidence was no more than useful prejudice and was generally not relevant to registered design cases. In particular, it was of no assistance in assessing limitations on design freedom (which should be an objective, technical question). Now that the seven points have been particularised by the judge in this decision, it would seem prudent for the parties to registered design cases to demonstrate that they have taken them into account, or risk the criticism of the court.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial