Registered Designs - BVG Group Limited v Magee
Jane Lambert Appointed Person (Mr Martin Howe QC) BVG Group Ltd, v Magee O-222-20 6 Oct 2020 This was an appeal to the Appointed Person by Mr Peter Magee against the decision of Mr Mark King to declare invalid r egistered design number 4009288 invalid (see BVG Group Ltd. v Magee O/713/19 22 Nov 2019). The hearing officer held that the design did not satisfy section 1C (1) of the Registered Designs Act 1949 in that its features were dictated solely by the product’s technical function. Mr Magee appealed against that decision on two grounds: “1.1. The Hearing Officer failed to consider various features of the appearance of the design. He failed to consider whether those features of the appearance of the design had a technical function, and failed to consider whether those features had an appearance that was solely dictated by their technical function. 1.2. Further, having conducted an analysis that led him to conclude that the features of ...