Evidence Evaluation Relating to the Public Disclosure of the Community Design on the Internet

<p>The issue of public disclosure of the design is regulated in Article 7 of Council Regulation (EC) no. 6/2002 of 12 December 2001 on Community designs. Pursuant to this provision, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, except cases where these events could not reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community. The design is made available to the public in a situation where these events could be known in the course of normal professional activity in an environment specialized in a given sector, operating within the Community. The list of methods of public disclosure contained in Article 7 of Council Regulation (EC) no. 6/2002 is not a closed catalog. Disclosure of the earlier design on the Internet causes difficulties in assessing whether it meets the conditions required for public access, i.e. whether the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned. Moreover, the disclosure of the design on the Internet generates problems of evidence related to proving the precise date of its disclosure to the public. The article analyzes the jurisprudence of the European Union Intellectual Property Office (EUIPO) and European jurisprudence in recent years. In particular, attention was paid to the issues of evidence necessary to recognize that the Community design was made available on the Internet. The article concerns a topic that is current both among representatives of the doctrine and in jurisprudence (Polish and European). It has theoretical and practical significance, because the issue of evidence submitted by the parties on the fact that an industrial design is made available to the public is very often a problem at the stage of court proceedings.</p>

Unregistered industrial design in the fashion industry

Key words: industrial design, intellectual property, unregistered Community design,novelty, individual character In order to harmonize legal relations in the field of intellectual property with the EU memberstates, a new Law “On the Protection of Rights to Industrial Designs” entered intoforce in Ukraine, in which a new term appears — an unregistered industrial design (un-RID) similar to the unregistered Community design (UCD). Thus, together with the registeredindustrial design, the information about which is entered in the Register and forwhich the Certificate was issued, the term of property rights of which is valid for 5 yearsfrom the date of filing the application with the Institution and can be extended, if necessary,up to 25 years, now there is a new one in the Law — an un-RID, the term of legalprotection of which is 3 years from the date of its bringing to the general knowledge onthe territory of Ukraine. The law provides for the same legal regulation for the protectionof registered and unregistered industrial designs.The legal protection granted to registered and un-RIDs has a lot in common. Themain differences between an un-RID and a registered industrial design are the absenceof formal requirements for acquiring rights, a short term of protection, and alimited scope of rights granted to the owner of an un-RID. Since an un-RID is a newinstitution of intellectual property law for Ukraine, the article discusses options forsolving these issues in practice in the member states of the European Union. The articleprovides examples of decisions of the EU courts related to the protection of un-RIDs in the fashion industry. It follows from the practice of national courts that themost relevant un-RIDs are in industries that offer products that are in demand for ashort-term, do not require significant costs and a complex registration procedure,therefore they are relevant to design solutions in the fashion, jewellery and accessoriesindustry. The article also analyses the state of protection of intellectual propertyrights in the fashion industry in Ukraine. In Ukraine, with the introduction of anew institute of intellectual property rights, designers have great new opportunitiesto protect their collections from copying and other violations.

Community design indicators and neighbourhood population health

OBJECTIVE – Healthy community design is an emerging paradigm that unites the fields of Urban Planning and Public Health. This study calculates a comprehensive set of community design indicators (CDIs) using open data sets and links results to a wide range of health measures. METHODS – A literature review informed creation of a comprehensive CDI framework and indicators were calculated using Geographic Information Systems (GIS) for 106 neighbourhoods in Metro Vancouver, Canada. Correlations were then evaluated between CDIs and both built environment and health measures from the My Health My Community (MHMC) survey. RESULTS – Several CDIs had moderate correlations with one or more health measures. In particular, there were many associations between CDIs and rates of utilitarian walking and levels of obesity. DISCUSSION – This study supports professional practice related to evidence-based stakeholder engagement and decision-making, performance-based planning and design, measurement of health, economic and environmental performance of communities, and intersectoral collaborations that create a healthy community design vision and action-oriented implementation strategies.

Community design indicators and neighbourhood population health

OBJECTIVE – Healthy community design is an emerging paradigm that unites the fields of Urban Planning and Public Health. This study calculates a comprehensive set of community design indicators (CDIs) using open data sets and links results to a wide range of health measures. METHODS – A literature review informed creation of a comprehensive CDI framework and indicators were calculated using Geographic Information Systems (GIS) for 106 neighbourhoods in Metro Vancouver, Canada. Correlations were then evaluated between CDIs and both built environment and health measures from the My Health My Community (MHMC) survey. RESULTS – Several CDIs had moderate correlations with one or more health measures. In particular, there were many associations between CDIs and rates of utilitarian walking and levels of obesity. DISCUSSION – This study supports professional practice related to evidence-based stakeholder engagement and decision-making, performance-based planning and design, measurement of health, economic and environmental performance of communities, and intersectoral collaborations that create a healthy community design vision and action-oriented implementation strategies.