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Clifford Chance

Clifford Chance

Briefings

Patent Law Series: 'Complementary patent protection by design and trademark registration - Chances and risks'

27 October 2011

Apple vs. Samsung

As the ongoing court proceedings between Apple and Samsung impressively-shows, the protection of innovative technical products by means of design rights in addition to the usual protection as patents is significantly gaining in importance. The only question the court is dealing with in the pending case for a preliminary injunction is whether the design of the Samsung tablet computer violates certain design rights the competitor Apple holds. Software or technology patents are of no relevance for the case. It may be worthwhile not to lose track of property rights other than just technical industrial property rights and to ensure a comprehensive protection by means of the very effective registration rights.

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