Licensee can bring proceedings for infringement of a design although the licence is not registered

DESIGN LAW

Licensee may bring proceedings alleging infringement although that licence has not been entered in the register

25. In the light of all of the foregoing, the answer to the first question is that the first sentence of Article 33(2) of Regulation No 6/2002 must be interpreted as meaning that the licensee may bring proceedings alleging infringement of a registered Community design which is the subject of the licence although that licence has not been entered in the register.
24 With regard to the purpose of the rule laid down in the first sentence of Article 33(2) of Regulation No 6/2002, it must be held that, having regard to what has been established in paragraphs 19 and 20 of the present judgment, the lack of effects, vis-à-vis third parties, of the legal acts referred to in Articles 28, 29 and 32 of that regulation which have not been entered in the register is intended to protect a person who has, or may have, rights in a Community design as an object of property. It follows that the first sentence of article 33(2) does not apply to a situation such as that in the main proceedings, in which the licence holder complains that a third party, by infringing the design, infringes the rights conferred by the registered Community design (see, by analogy, judgment of 4 February 2016 in Hassan, C‑163/15, EU:C:2016:71, paragraph 25).

Licensee can claim damages for its own loss under Article 32(3) CD-Regulation

32. Consequently, the answer to the second question is that Article 32(3) of Regulation No 6/2002 must be interpreted as meaning that the licensee can claim damages for its own loss in proceedings for infringement of a Community design brought by it in accordance with that provision.

IPPT20160622, CJEU, Thomas Philipp v Grunne Welle

C-419/15 - ECLI:EU:C:2016:468