Community design infringement test before the General Court – an unfortunate setback
Henning Hartwig Dr. jur., Attorney-at-Law, Munich, Germany

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On 21 April 2021, the General Court of the European Union in T-326/20 Bibita misconstrued Article 25(1)(d) of the Community Designs Regulation which applies where a conflict exists between a later Community design and a prior international design registration extended to the EU. The latter’s application was filed earlier (28 September 2016) but published only on 31 March 2017, after the date of filing of the later Community design application (13 March 2017). The case sets an unfortunate precedent for the future.

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