The charming canal houses in Amsterdam are an inspiration for many, artists but also entrepreneurs. MarkMatters.com came across a recently filed European design application (left) of a canal house. This application has been with a description “packages”.
As true Amsterdammers (people who come from or live in Amsterdam) the appearance did immediately ring a bell. This design seems to be very similar with warehouses situated on the lovely Prinseneiland (under). As you all probably know, a design has to be new new and has to have individual character. Could the warehouses on Prinseneiland, these houses are centuries old, be an obstacle for the new European application?
In the Benelux the doctrine has always been that when a existing design returns in a product with a different function, the design must be considered as new and has a different individual character. For example, a table in the form of the Rubik’s cube would be new. With the European design rules, the majority of opinions is that the definition of new is absolute, no matter the function. This could have consequences for this application although one can argue about the similarity of the designs.
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“Merkbescherming geeft vrijheid om te kunnen ondernemen.”