R0956/2019-3

• ›The design holder (T & D Control systems) appealed arguing: the invalidity application was inadmissible because the prior RCD No 2 747 527-0001 had itself been invalidated (R 184/2017-3); the designer's freedom was severely restricted by international standards (IEC 61544, IEC 60073) and Bulgarian procurement requirements; and the designs produce different overall impressions due to different logos, colour schemes, panel element arrangement and connector sockets.
• ›The invalidity applicant (SIGMATRON) maintained that invalidation of the earlier RCD is legally irrelevant to the disclosure question; the standards cited are non-mandatory recommendations; and the designs' front panels are substantially identical in their six-section layout, placement of verbal/figurative elements at the bottom, and black housing.
• ›The Board held that the invalidation of the prior RCD does not affect its value as a disclosed design for assessment under Articles 5-7 CDR; the cited standards impose only minimal constraints (back panel connector sockets) and do not restrict front panel design; the front views are substantially the same and differences in logos, line widths and connector arrangement are minor or not design-significant.
• ›The appeal is dismissed; the contested RCD lacks individual character under Article 6(1)(b) CDR as it produces the same overall impression as the prior design.

• ChairTh. M. Margellos
• MemberM. Bra
• MemberH. Salmi
• RegistrarH. Dijkema

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