The State Council refuses to register model manufacturers for plastic packaging

The Supreme Administrative Court of the State Council rejected an appeal submitted by Ali Company, an industrial model that constitutes a plastic package, demanding the cancellation of the decision of the Department of Industrial Designs at the Department of Commercial Registration, which refused to register this package. The court upheld this rejection because there was no innovation in the packaging that required registration.

It was proven that the appellant company applied to the Department of Industrial Designs at the Department of Commercial Registration, to register an industrial model that was a plastic package, but the Department of Industrial Designs and Models decided to reject the application. Because it lacked the element of novelty and because it was presented to the public and circulated in the markets before submitting the application for registration, the company filed a grievance and the grievance was rejected.

 

It was proven to the court, by looking at the image of the industrial model, that it is an industrial model of a plastic container and does not contain any fundamental differences that distinguish it from it, nor does it have the amount of innovation, novelty and creativity that makes it distinct from other models, which negates the condition of novelty.

 

It was not proven from the papers, and the appellant did not provide evidence of the abuse of power on the part of the administrative body or deny the reasons on which the administrative body based its decision. Therefore, the decision rejecting the model is held to be based on the presumption of validity and is consistent with the correct rule of law and based on a sound basis of the law, which indicates the ruling rejecting the lawsuit.

 

Download  Appeal No. 19133 of 71 BC. Alia.

 

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