Scope of Protection
The scope of protection conferred by a Community design includes any design which does not produce a different overall impression on an informed user, taking the degree of freedom of the designer into consideration. A Community design further confers on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. For an unregistered Community design, however, the contested use must have resulted from copying the protected design.
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Famous quotes containing the words scope of, scope and/or protection:
“For it is not the bare words but the scope of the writer that gives the true light, by which any writing is to be interpreted; and they that insist upon single texts, without considering the main design, can derive no thing from them clearly.”
—Thomas Hobbes (15791688)
“As the creative adult needs to toy with ideas, the child, to form his ideas, needs toysand plenty of leisure and scope to play with them as he likes, and not just the way adults think proper. This is why he must be given this freedom for his play to be successful and truly serve him well.”
—Bruno Bettelheim (20th century)
“No: until I want the protection of Massachusetts to be extended to me in some distant Southern port, where my liberty is endangered, or until I am bent solely on building up an estate at home by peaceful enterprise, I can afford to refuse allegiance to Massachusetts, and her right to my property and life. It costs me less in every sense to incur the penalty of disobedience to the State than it would to obey. I should feel as if I were worth less in that case.”
—Henry David Thoreau (18171862)