Hans Jonkhout wins a Community Design case for the European Court of Justice
In its judgement of 21 september 2015 (ECLI:EU:C:2017:720), the European Court of Justice ruled in a dispute relating to a declaration of invalidity of a Community design.
Hans Jonkhout, a member of Eurojuris, succesfully argued its case against the appeal arguments of both the rightholder, Easy Sanitary Solutions BV and the European Union Intellectual Property Office (EUIPO).
In essence the Court repeated that appearance is the decisive factor of a Community design. Moreover it ruled that the novelty of a design is not dependent on the products in which the design shall be incorporated or to which it is capable of being applied.
Furthermore it ruled that the General Court, in first instance, erred in law when it imposed the requirement, in paragraph 132 of the judgment under appeal, that in assessing both novelty and own character the informed user of the contested design should know the product in which the earlier design is incorporated or to which it is applied. Such a requirement would add a condition that neither the letter nor the spirit of Article 7(1) of Regulation No 6/2002 provides and would be irreconcilable with the principle arising from Article 10(1) of that regulation, according to which the protection granted by the Community design extends to ‘any design’ that fails to produce on the informed user a different overall impression.
A link to the judgment can be found here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=194789&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=179968
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