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: 'DOCERAM' 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 case law 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.
Then this course is designed for you. Knowledge of IP law is required.
- 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 Boards 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
- Lack of unity as a valid defense
- 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 declarationof invalidity or action for declaration of non-infringement)
CJEU case-law update
Case study: 'DOCERAM' revisited
Case study: 'COFEMEL'
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.
Henning Hartwig’s practice involves prosecution and litigation of IP rights in the fields of trademark, design, copyright and unfair competition law. His practice focuses primarily on national and international industrial design law, particularly multinational design infringement proceedings as well as invalidity proceedings before the Office for Harmonisation in the Internal Market in Alicante and the Court of Justice of the European Union in Luxembourg. As the editor of the four-volume casebook 'Design Protection in Europe', the only one of its kind, Henning Hartwig has unique access to unpublished decisions of Community and national design infringement courts throughout Europe. Clients in this field include computer, electronic-games, fitness-equipment and clothing manufacturers. Henning Hartwig was involved in one of the first infringement cases in Germany relating to an unregistered Community design and has coordinated a number of multi-jurisdictional infringement proceedings in Germany, Italy, Switzerland, France, Austria and the Netherlands. His other fields include European and national trademark law, unfair competition law and the global fight against product piracy, in which he represents clients in the sectors of consumer healthcare, direct response television marketing and the food industry. In a prominent case before the German Federal Court of Justice, Henning Hartwig was successful in defending a global chocolate manufacturer against claims asserted for injunctive relief and damages on account of alleged 3D trademark infringement and unfair competition.
NL 1054 ES Amsterdam
Phone: +31 20 685 1351
This course merits 6.5 hours CPD.
"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. What I liked most about this event: the high quality content."
Trip Advocaten & Notarissen, Groningen (The Netherlands)
"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 the course: the case-law discussion about protection strategies."
Guardian IP Consulting I/S, Lyngby (Denmark)
"The course has met my expectations. It was to the point."
Nokia Corporation, Espoo (Finland)
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