Supreme Court Overturns Lower Nullity Decision

Author:Mr Mariano Municoy
Profession:Moeller IP Advisors

This year seems to be important for industrial models or their US equivalent, "patent designs," as the Supreme Courts of both the US and Argentina are issuing rulings on this area.

The U.S. case has not been decided yet but is causing great buzz because it involves several types of intellectual property rights including patent designs over the iPhone, which Apple claimed are infringed by Samsung.

A large amount of monetary damages were first established by a jury in California in 2012 consisting of $US 930 million but were afterwards lowered to $US 548 million in 2015 (of those $US 399 million corresponded to infringement of patent designs), as described here. In June 2016 the Argentine Supreme Court overturned a decision issue by the Court of Appeals on Federal Civil and Commercial Matters seated in the city or Rosario.

The case started in 2004 by Industrias Arial against the related companies Fundemap and B.C.O. SRL based on the infringement of an industrial model registered by the plaintiff in 2002 with the Argentine PTO (INPI) entitled "GNC reducer".

Some of the drawings filed with the INPI and describing the scope of the protected design do so in the following way:

In first and second instances the judge found that the defendant infringed the industrial model and awarded almost 3 million pesos (equal to US$ 500,000 in 2013 when the Court of Appeal issued its...

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