Does disclosure of the image of an entire product give rise to unregistered Community design rights in respect of individual components or parts of the product? The Advocate General says „Yes!“ in Case C-123/20

[Gert Würtenberger] Under certain prerequisites Community Design Law grants rights to designs which are not registered as Community designs. These rights are valid for a period of three years as from the date on which the design was first made available to the public within the Community (Article 11 Para. 1 of Council Regulation (EC) […]

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Judgement of the General Court in case T‑105/19 – Designs as trademarks

[Gert Würtenberger] While (registered) designs are only protected for a limited time the possibility to obtain trademark protection for a design is attractive. According to (harmonized) European Trademark Law it is sufficient that a design to be registered as a trademark can be represented in a manner which enables the competent authorities and the public […]

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Informed User and Freedom of Design – Judgement of the General Court of the European Union – T-209/18.

|Gert Würtenberger| One of the requirements to have a design protected under the Community Design Regulation (CDR) is its individual character. According to Article 6 CDR, a design has individual character if the overall impression produced by it on the informed user differs from the overall impression produced on such a user by any design […]

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