Green Lane Products Ltd v PMS International Group Plc & Ors [2008] EWCA Civ 358 (23 April 2008)

Green Lane Products Ltd v PMS International Group Plc & Ors [2008] EWCA Civ 358 (23 April 2008)

The phrase 'the circles specialised in the sector concerned operating within the Community' in Article 7 of Regulation 6/2002 refers to the sector of the alleged prior art, not the sector for which the design was registered. The administrative indication of products in the application does not limit the scope of prior art. Therefore, prior use of a design in any sector can constitute prior art unless it was obscure even in its own sector. The appeal is dismissed.

Citation
[2008] EWCA Civ 358
Parties
Claimant/appellant: Green Lane Products Limited; Defendant/respondent: PMS International Group plc; Defendant/respondent: PMS International Far East Limited; Defendant/respondent: Poundland Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2008
Procedural Posture
Appeal From High Court (chancery Division, Patents Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Community Registered Designs, Design Infringement, Prior Art, Interpretation of Regulation 6/2002, Scope of Protection, Novelty and Individual Character
Intellectual Property Law European Union Law Community Registered Designs Design Infringement Prior Art Interpretation of Regulation 6/2002 Scope of Protection Novelty and Individual Character

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Parties

Green Lane Products Limited

Claimant/appellant

PMS International Group plc

Defendant/respondent

PMS International Far East Limited

Defendant/respondent

Poundland Limited

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division, Patents Court) / Court of Appeal Judgment

Legal Issues

  1. 1 What is the correct legal meaning of 'the circles specialised in the sector concerned operating within the Community' in Article 7 of Regulation 6/2002?
  2. 2 Does the prior use of a design in a different sector constitute prior art for the purposes of novelty and individual character under the Regulation?

Ratio Decidendi

The phrase 'the circles specialised in the sector concerned operating within the Community' in Article 7 of Regulation 6/2002 refers to the sector of the alleged prior art, not the sector for which the design was registered. The administrative indication of products in the application does not limit the scope of prior art. Therefore, prior use of a design in any sector can constitute prior art unless it was obscure even in its own sector. The appeal is dismissed.

Court Disposition

Appeal dismissed