Notoriety and Lack of Novelty

By Patricia Sanabria

The appellate court based its decision in the referenced case using the legal framework established by the Paris Convention. The Paraguayan Court sustained that a well known trademark could be recognized as a reference for an action against an industrial model, given the distinctiveness of a certain design.

Furthermore, the appellate court decision sets the precedent of novelty for future cases as an essential element to register industrial models in Paraguay. The lack of novelty or uniqueness is a presumption of bad faith of the person that applies for the model, whereby the applicant openly copies a well known trademark.

Consequently, by confirming the first instance decision and declaring the nullity of the industrial model applied for by GAME S.A., the Paraguayan appellate Court has protected Sony Computer Entertainment Inc.’s rights and has set a great precedent for the Paraguayan IP community.