... Introduce the idea of the functional shapes and the three dimensional shapes would be protected as trade marks if they meet the requisition of trade marks law. Fourthly, review the purposes and rationales of two laws, then introduce the idea that the proprietors of pending creations1 have the liberty to choose the generic of protections, and the discretions are vested with the registrars as to whether to allow the registrations. The trade marks law would give protection to designs, which might be more look alike industrial design, with a impartial posture rather than a prejudiced mind of preventing such protections being conferred. Part 1. Introductions and comparison In a recent case, Philips Electronics BV v. Remington Consumer Products, the judge pointed out an important issue of whether it was possible to obtain a perpetual monopoly over matters of significant engineering design by using a trade mark registration.2 To answer this question, it ...

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