Scholarly record
“INFORMED USER”: THE FICTIVE ASSESSOR OF “INDUSTRIAL DESIGNS” AS PART OF INDUSTRIAL PROPERTY RIGHTS
Abstract
Informed user can briefly be defined as the fictive person who is to assess an industrial design's distinctive/individual character when it is a subject matter in law cases, where the protection conditions of a registered industrial design are to bear novelty and to have distinctive/individual character. Further, it is a point of view which is supposed to be adopted while assessing the designs in such cases. It is possible to state that “informed user”, either as a notion or as a means of assessment, can be accepted as one of the most important issues of design registration, assessment and protection processes. The act of assessing the designs from the viewpoint of an informed user involves some subjective aspects. The first and the foremost issue is that, no clear definitions related to the notion of informed user exist in the current legislations, neither in national nor in international legal texts. Thus, the identification of this notion was regarded to be an ambiguous act and the identity of this fictive assessor seems unclear to most parties involved in the process. In this study, this notional person will be approached from different viewpoints gathered from literature reviews, legal texts and original works. The findings will be compiled in order to discuss the definitions and misuses regarding this issue, and to raise the awareness by this means.
Publication Impact Profile
- Captures
- Mendeley - Readers: 4
Publication details
ReferencesPending
Structured references will appear here after the reference import pass. The count is preserved now so the scholarly record is not incomplete.
View or Download full articleAccess options
SWS access login
Login as SWS Scientific CommitteeLogin as SWS Scientific PartnerLogin as SWS AuthorAuthors and approved SWS contributors will read and export their own linked papers after identity matching by SWS profile, email and SGEM GlobalID.
For librarian assistance: [email protected]
Purchase Instant Access
- Article can be downloaded after successful payment.
- Article may be used according to SWS library access terms.
- Article cannot be redistributed.
