Later registered Community design can infringe earlier Community design

Print this page 08-04-2012
IPPT20120216, CJEU, Celaya v Proyectos

DESIGN LAW

 

Community design infringement: later registered Community design can infringe earlier Community design.
 

"In the light of the foregoing considerations, the answer to Question 1 is 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, CJEU, Celaya v Proyectos

 

C-488/10 - ECLI:EU:C:2012:88