The UK Patent Office confirms that a reference has been made to the ECJ in the Oakley v Animal design case (here and here). The reference concerns the question of whether Member States can rely on derogations in directives when they are implementing those directives out of time and the referred question is available here.

The IPKat awaits the ECJ’s decision with baited breath and waxed whiskers.
The IPKat awaits the ECJ’s decision with baited breath and waxed whiskers.
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