|What if a new version of the|
Mouse replaced the old?
|Neither dirty nor vandalised ...|
There is a registered Community design infringement case that is currently hurtling towards a preliminary ruling from the Court of Justice of the European Union in Luxembourg (CJEU): it's Case C-419/15 Thomas Philipps. It's a reference from the Oberlandesgericht Düsseldorf regarding design protection of a laundry ball and the questions referred for clarification relate to the interpretation of Council Regulation 6/2002 on Community designs go like this:
Does the first sentence of Article 33(2) of Council Regulation 6/2002 preclude a licensee who has not been entered in the register of Community designs from bringing claims for the infringement of a registered Community design?If any reader wishes to advise the UK government as to whether it should concern itself with this (which this blogger thinks to be most unlikely), will he or she email pertinent comments to firstname.lastname@example.org by 17 September 2015.
In the event that the first question is answered in the negative: may the exclusive licensee of a Community design, with the consent of the right holder, bring an action on its own claiming damages for its own loss under Article 32(3) of Council Regulation 6/2002 or can the licensee only intervene in an action brought by the right holder for an infringement of its Community design under Article 32(4) of that regulation?