Apple v Samsung Registered Designs

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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There has been much press comment about the case of Apple v Samsung concerning the alleged similarities between the Apple iPhone and the Samsung Galaxy phone.

Apple alleges that Samsung’s Galaxy product copies the shape of their successful iPhone series phones and infringes their registered designs. 

In patent and design law, there is nothing outstanding about the legal issues.  It is simply the amount of money at stake which makes this a high profile case. 

In the UK, the question of infringement of Apple’s registered design has been brought before the UK High Court, which has resulted in Apple losing the case, and having to place an advert confirming that there is no registered Community design infringement.  According to the UK High Court, Samsung’s Galaxy phone does not infringe Apple’s registered Community design to the appearance of their iPhone. 

So now you know!

 To read the full judgement, please click the download below:

Article Published November 7, 2012