Journal Article

Community design: prior in time, stronger in right

Riccardo Sciaudone

in Journal of Intellectual Property Law & Practice

Volume 7, issue 6, pages 401-403
Published in print June 2012 | ISSN: 1747-1532
Published online June 2012 | e-ISSN: 1747-1540 | DOI: https://dx.doi.org/10.1093/jiplp/jps060
Community design: prior in time, stronger in right

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The Court of Justice of the European Union (ECJ) has clarified that the holder of a registered Community design is entitled to bring infringement proceedings against any third party, including the holder of a later Community design registration, without having first to request the declaration of invalidity; in this respect, the intention or conduct of a third party is irrelevant.

Journal Article.  977 words. 

Subjects: Arbitration ; Intellectual Property Law

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