Baker & McKenzie - Protection for designs on display at “international exhibitions”

Baker & McKenzie notes that, if a design is displayed in an exhibition, its novelty will not be lost, so long as the exhibition is an official international exhibition or an officially recognised international exhibition and a design application is filed within 6 months from the date of the exhibition.

Baker & McKenzie reports that, in a recent decision, the Court found that an official exhibition is one that is organised by the State, but the provision of public funds or the participation of one or more ranking government officials at the opening, closing or other formal ceremony of the exhibition would be indicia that the exhibition is officially recognised. Moreover, Baker & McKenzie notes that for an exhibition to be international in character, there must be a presence of foreign exhibitors which is significant in either a quantitative or a qualitative sense.

Baker & McKenzie - Protection for designs on display at “international exhibitions”


Other Posts