Expert Report

COMPARATIVE ANALYSIS: A tool that fits each need

When there is a legal dispute between two Design and Identification Systems, the GESCOM-CIVEC Methodology is applied in the elaboration of a thorough Comparative Analysis between the Design Systems. This type of analysis is used as expert evidence by one of the parties in legal proceedings.

In a Comparative Analysis, the objective, rigorous and comparable quantification, based on scientific and technical foundations, of the different similarity criteria is performed and the average weighted degree of similarity is established between the conflicting Design and Identification Systems.

Colour is one of the main distinctive elements in the identification and spontaneous recognition processes. GESCOM devotes special attention to colour analysis in order to determine and control, with a high degree of precision, the colour applied and those that tend to be confused with it. Control parameters are defined that assure the standardised application of corporative colours and distinctive symbols in different supports.

The scientific and technical foundations the GESCOM-CIVEC Methodology is based on have allowed this type of analyses to be accepted by justice courts of member countries of the Hague Convention and, through the diplomatic channel, also by no member countries.

This type of analysis complements any market research by establishing the objective starting point in the conflict.