Green Lane Products Ltd v PMS International Group Ltd & Ors

Green Lane Products Ltd v PMS International Group Ltd & Ors

The relevant sector for assessing whether prior art could reasonably have become known 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.

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
Intellectual Property / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the defendants' interpretation.
Legal Topics
Community Registered Designs, Design Infringement, Prior Art, Sector Concerned, Interpretation of Article 7 Council Regulation (ec) No. 6/2002
Intellectual Property European Union Law Community Registered Designs Design Infringement Prior Art Sector Concerned 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

Intellectual Property / Preliminary Issue Determination

Legal Issues

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

Ratio Decidendi

The relevant sector for assessing whether prior art could reasonably have become known 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.

Court Disposition

Preliminary issue determined in favour of the defendants' interpretation.

Orders

  • The relevant sector is the sector that consists of or includes the sector of the alleged prior art for purposes of Article 7.