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Who is the informed user in the world of UK and EU design law?
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Rebecca Field and Lee Curtis interview barrister Daniel Selmi of Three New Square in this edition of the Fashionably IP podcast on the concept of the informed user in UK and EU registered design law. Who is the informed user? How does the informed user impact the assessment of design infringement, validity of registered designs and prior art? Has the concept of the informed user impacted any fashion cases?
Timestamps:
- 3:23 - The concept of the informed user and how does this concept impact the assessment of prior art and design corpus in a UK or EU registered design case?
- 6:27 - How the product for which the registered design can impact the assessment of prior art and design corpus in a UK or EU registered design case
- 9:21 - What is the difference between the concept of the average consumer under UK and EU registered trade mark law and the informed user registered design law?
- 11:09 - How the informed user has impacted any fashion design cases in the UK and/or EU? Can you make any comparisons with the average consumer in trade mark cases and the utility of these sorts of notional constructs of IP law?
- 13:35 - How the courts assessment of the informed user has evolved overtime and how UK courts post Brexit might diverge from the assessment of this concept compared to EU courts.
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