IPPT20120216, ECJ, Celaya v Proyectos
08-04-2012
COMMUNITY DESIGN LAW
Community design infringement: later registered Community design can infringe earlier Community design
• that Article 19(1) of the Regulation must be interpreted as meaning that, in a dispute relating to infringement of the exclusive right conferred by a registered Community design, the right to prevent use by third parties of the design extends to any third party who uses a design that does not produce on informed users a different overall impression, including the third party holder of a later registered Community design.
Intention and conduct third party irrelevant for question of infringement
• The answer to the second question is, therefore, that the answer to the first question is unconnected with the intention or conduct of the third party.
IPPT20120216, ECJ, Celaya v Proyectos
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