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Invalidity of a design

A declaration of invalidity of the design protection for a form of a “waist protector/waist warmer” was requested by an applicant represented by Danubia Patent & Law Office LLC. The Hungarian Intellectual Property Office invalidated the design saying that the real form of the product could be stated only in relaxed position, therefore the registered one is not unambiguous. The owner of the design requested review with the Metropolitan Tribunal. Moreover, she requested preliminary ruling from the EU Court of Justice relating to the question whether “designs made by elastic materials are excluded from design protection” under the EU Directive.

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Danubia Patent & Law Office LLC
Street address: 1051 Budapest,
Bajcsy-Zsilinszky út 16.
Mailing address: 1368 Budapest 5,
POB. 198
Phone: (06 1) 411-8700
Fax: (06 1) 266-5770
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