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BMW and the Art of Registered Designs

BMW and the Art of Registered Designs

13th December 2012

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In a recent matter heard before the Gauteng North High Court (Bayerische Motoren Werke AG v Grandmark International) BMW AG took on a spare parts manufacturer, Grandmark International, for alleged infringement of their registered designs. The registered designs related to various parts of a motor vehicle, for example a bonnet, which BMW AG alleged were being infringed by Grandmark. However, the court found, inter alia, that a part such as a bonnet is a purely functional article, and as such cannot be filed as an aesthetic design.

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