Clean up the register before enforcing your design
 In the review application, however, the review and setting aside of the registration of the design is sought. This has a bearing on the enforcement proceedings since the order of the Supreme Court of Appeal is founded upon the existence of the design registration in the first place. The basis of the review application is that the designs register does not include a classification for the design. This issue was not raised in the previous proceedings which led to the order and appears to have escaped everyone’s attention. Because the enforcement proceedings have now been stayed, the proprietor of the registered design cannot proceed further against the respondents until the review proceedings have been finalised. This case shows that a proprietor of a registered design should be careful to ensure that the designs register is in order before instituting legal proceedings. UPDATE: 25 November 2008 The applicants in the above matter have been granted leave to appeal the judgment and order staying the proceedings. Deborah Marsicano Associate Deborah-m@adamsadams.co.za |
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| 11/06/2008 | Posted in: Intellectual Property and Designs | ||
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