A Design of Handbags Short of Originality Patent Application, Administration Appeal Both Dismissed.

The world famous name brand, Louis Vuitton, (abbreviated LV), dissatisfied with the rejection of patent application from Intellectual Property Office of the Ministry of Economy in regard to a purse design and the appeal decision made by the Ministry of Economy, filed an administrative complaint.  The High Administrative Court has regarded LV’s complaint unreasonable and thus dismissed it.  An appeal may be filed against this case 

 

LV said, Intellectual Property Office had referred to the shape of the handbags in “Fashion Accessories” magazine of March 1991 and the plaid design of the handbags in “Fashion Accessories” magazine published in September 1997 as examples to deny separate applications for the new products’ shape and design.  Such denial was against the principle of “complete comparison and judgment of evidence”.  Besides, LV thought the plaid design of the new products withheld “a conception of smoothly elegant design and graceful appearance”, which was of no comparison to the two styles of handbags alluded by Intellectual Property Office. 

 

Nevertheless, LV’s argument was clearly not accepted.  Judge of the High Administrative Court believed that shape, design, color or any of its combination should possess originality in pursuit of visualization.  The judge also believed that the design of the new handbags was conceived of simple structure without any unique change of style and visual effect.  Since it was merely combination of two already-existed merchandise, it was indeed of no originality.  Hence, it did not conform to the requirements stipulated in the Patent Law. (2004.7)

CYJ/CHT