Green Lane Products Ltd v PMS International Group Ltd & Ors [2007] EWHC 1712 (Pat) (19 July 2007)

Green Lane Products Ltd v PMS International Group Ltd & Ors [2007] EWHC 1712 (Pat) (19 July 2007)

The relevant sector for the purposes of Article 7 is the sector that consists of or includes the sector of the alleged prior art, not limited to the sector specified in the application for registration. This interpretation avoids unintended consequences and is supported by the legislative history and the structure of the Regulation.

Citation
[2007] EWHC 1712 (Pat)
Parties
Claimant: Green Lane Products Limited; Defendant: PMS International Group Limited; Defendant: PMS International (Far East) Limited; Defendant: Poundland Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2007
Procedural Posture
Patents Court Preliminary Issue / Judgment on Preliminary Issue
Outcome
Preliminary issue determined in favour of the defendants' interpretation.
Legal Topics
Community Registered Designs, Design Infringement, Prior Art, Interpretation of Article 7 Council Regulation (ec) No. 6/2002
Intellectual Property European Union Law Community Registered Designs Design Infringement Prior Art Interpretation of Article 7 Council Regulation (ec) No. 6/2002

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Parties

Green Lane Products Limited

Claimant

PMS International Group Limited

Defendant

PMS International (Far East) Limited

Defendant

Poundland Limited

Defendant

Procedural Posture

Patents Court Preliminary Issue / Judgment on Preliminary Issue

Legal Issues

  1. 1 What is the meaning of 'the sector concerned' in Article 7 of Council Regulation (EC) No. 6/2002 for assessing prior art in Community Registered Designs?

Ratio Decidendi

The relevant sector for the purposes of Article 7 is the sector that consists of or includes the sector of the alleged prior art, not limited to the sector specified in the application for registration. This interpretation avoids unintended consequences and is supported by the legislative history and the structure of the Regulation.

Court Disposition

Preliminary issue determined in favour of the defendants' interpretation.

Orders

  • The relevant sector under Article 7 is the sector of the alleged prior art, not limited to the sector specified in the application for registration.