EU Design Law
A One-Day Practitioners' Guide
- Key issues regarding the Community Designs
- Application and invalidity proceedings before the EUIPO
- Infringement and defences to infringement
- Remedies and jurisdiction
- CJEU case-law update
- Case study: ‘Easy Sanitary’ revisited
Aims and objectivesThe trend is clear - design protection is increasingly attracting attention from both SMEs and global players. This comparatively inexpensive IP right is a means of driving not only product imitations but also design variations produced by competitors out of the market. In this respect, growing caselaw from the CJEU as well as a rich body of decisions from EUIPO and national Community design courts provide helpful guidance on the application of the sophisticated legislation.
This practical course will be a much-needed guide to law and practice. Attendees will get a systematic overview and will examine the interpretation provided by EUIPO and the European Courts, as well as direction on issues which remain unsolved. Our speakers will suggest authoritative answers to key problems of EU design law and give an update on most recent case-law.
- What is a design, what is a product, what are component parts of complex products?
- Subject matter of a design: ‘what you see is what you get’
- Classification, indication of product and description
- Unitary character and territorial effect
- Filing requirements: advantages, best practice, international registrations
- Priority claims: substantive requirements, formalities
- EUIPO practice: formalities examination, deficiencies, reply to office actions
- Latest Board of Appeal case-law
- Grounds for invalidity: novelty, individual character, earlier rights
- Consequences of invalidity
- How to show invalidity: facts, evidence and arguments
- Interplay with infringement issues: tactics, counterattacks, stay of proceedings
- Latest case-law from the Board of Appeal and the General Court of the EU
- Presumption of validity of a registered Community design
- Scope of protection and freedom of the designer (degree and constraints)
- Right to use and right to prevent third party use (infringing acts)
- Defences to infringement: private use, prior use, exhaustion, right to make citations
- Establishing protection (disclosure in the territory of the EU)
- Protection against copying
- Term of protection
- Competent courts, international jurisdiction, forum shopping
- Sanctions (injunction, damages, other remedies) and applicable law
- Territorial scope of sanctions
- Provisional measures
- Possible defences and counter-attacks (counterclaim, request for a declaration of invalidity or action for declaration of non-infringement)
After having qualified as a barrister of England and Wales and been admitted to the Brussels Bar as an avocat in 1994, Gordon worked in private practice in Luxembourg before joining the EUIPO Legal Department in 1997, where he acted in several of the earliest Community Trade Mark cases before the (then) Court of First Instance. He served as Head of the Register Service from 2002-2005 before becoming a member of the EUIPO Boards of Appeal in December 2005, handling both trade mark and design cases.
Dr. Henning Hartwig, Attorney-at-Law, partner at BARDEHLE PAGENBERG, Munich, has represented users on design matters at the EUIPO for many years and helped in procuring over 3,500 Community designs and enforcing over 60 Community and German designs. He is the author of numerous publications on international design law and the editor of the four-volume casebook, ‘Design Protection in Europe.’
NL 1011 Amsterdam
Phone: +31 20 5300800
Fax: +31 20 5300801
This course merits 6.5 hours CPD.
"The course has met my expectations. It was to the point."
Nokia Corporation, Espoo (Finland)
"The course has met my expectations, it is a good overview, there was no need for deep prior knowledge. What I liked most about this event: good examples."
Alfa Laval Corporate AB, Lund (Sweden)
"The course has met my expectations. I liked most that it was a one-day overview."
FMTM Distribution Limited, Jersey (United Kingdom)
"The course has met my expectations. What I liked most about this event: the high quality content."
Trip Advocaten & Notarissen, Groningen (The Netherlands)
"The course has met my expectations. What I liked most about the course: the case-law discussion about protection strategies."
Guardian IP Consulting I/S, Lyngby (Denmark)
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