Green Lane Products Ltd v PMS International Group Plc & Ors

Green Lane Products Ltd v PMS International Group Plc & Ors

The Court held that 'the sector concerned' in Article 7 of Regulation 6/2002 means the sector of the alleged prior art, not the sector for which the design was registered. Therefore, prior art from any sector can be cited against a registered design unless it was so obscure that it could not reasonably have become known to circles specialised in its own sector within the Community. The indication of intended products in the application is administrative and does not limit the scope of protection or the relevant prior art. The appeal was dismissed.

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
Civil Appeal / Appeal From High Court (patents Court) on Preliminary Point of Law
Outcome
Appeal dismissed
Legal Topics
Community Registered Designs, Novelty, Prior Art, Interpretation of Regulation 6/2002, Scope of Protection
Intellectual Property Design Law Community Registered Designs Novelty Prior Art Interpretation of Regulation 6/2002 Scope of Protection

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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

Civil Appeal / Appeal From High Court (patents Court) on Preliminary Point of Law

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 'sector concerned' refer to the sector of the registered design or the sector of the alleged prior art?

Ratio Decidendi

The Court held that 'the sector concerned' in Article 7 of Regulation 6/2002 means the sector of the alleged prior art, not the sector for which the design was registered. Therefore, prior art from any sector can be cited against a registered design unless it was so obscure that it could not reasonably have become known to circles specialised in its own sector within the Community. The indication of intended products in the application is administrative and does not limit the scope of protection or the relevant prior art. The appeal was dismissed.

Court Disposition

Appeal dismissed