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EFCO-Cascade Coordinating Distribution Center LLC (EFCO-Cascade) have registered the industrial design patent for the bottle with a cap and sticker for oil. Priority date: December 29, 2017.
Industrial design by EFCO-Cascade
As established by the Chamber for Patent Disputes, a department of the Russian Agency for Patents and Trademarks (Rospatent) in June 2020, the Irkutsk Refinery filed an opposition to the defense of a right of the alleged discrepancy of the registered industrial design to feature of novelty as a requisite of patentability. In evidence, the party to the opposition has provided a formal printout of web-pages depicting similar industrial designs. According to the statement by Irkutsk Refinery, information about a set of essential features of the challenged industrial design is known and became universally available before the declared priority date.
Zuykov and Partners who represented EFCO-Cascade did not agree with the legal reasoning of the opposing company. In their response to the opposition, the lawyers emphasized that the bottle appearance, depicted on each of the printouts, do not contain essential features, such as:
In view of the above, it can be concluded that despite the existing variety of industrial designs similar to the disputed object, none of them contain signs of industrial design by EFCO-Cascade.
Having considered the opposition, the Chamber for Patent Disputes noted that according to paragraph 1 of Art. 1352 of the Civil Code: “Essential features of the industrial design include features that determine the aesthetic features of the appearance of the product, in particular the shape, configuration, ornament, combination of colors, lines, contours of the product, texture or the material of the product”.
At the same time, the examples of industrial designs provided by Irkutsk Refinery “...do not visualize at least the following features reflected in the product images under the contested patent:
As a result of consideration of the opposition, the board decided to uphold the industrial design patent for the bottle with a cap and sticker for oil by EFCO-Cascade. Subsequently, the decision was approved by the head of Rospatent.