Court of Justice: sentence in the matter of community designs or models

With the sentence of February 16th, 2012 (C 488-10), granted during the cause between Celaya Emparanza y Galdos Internacional SA and Proyectos Integrales de Balizamiento SL, the Court of Justice gives the interpretation of the art. 19, paragraph 1, of the Regulation (CE) no.6 of the Council of December 12,2011 on Community designs and models. The Court has stated that the above article "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 the 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". The Court has also declared that such statement "is unconneted with the intention or conduct of the third party".


03/16/2012 | Design