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DOI: 10.5593/SGEMSOCIAL2015/B41/S15.095

“INFORMED USER”: THE FICTIVE ASSESSOR OF “INDUSTRIAL DESIGNS” AS PART OF INDUSTRIAL PROPERTY RIGHTS

G. Cankiz Elibol
Wednesday 30 September 2015 by Libadmin2015

References:
2nd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2015, www.sgemsocial.org , SGEM2015 Conference Proceedings, ISBN 978-619-7105-50-6 / ISSN 2367-5659 , Aug 26-Sept 01; Book 4, Vol. 1, 773 - 778 pp

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.

Keywords: Design registration, informed user, industrial designs, design protection

PAPER DOI: 10.5593/SGEMSOCIAL2015/B41/S15.095 : “INFORMED USER”: THE FICTIVE ASSESSOR OF “INDUSTRIAL DESIGNS” AS PART OF INDUSTRIAL PROPERTY RIGHTS

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