[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) […]
Continue readingCategory Archives: Design
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 […]
Continue readingInformed 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 […]
Continue reading