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

Search for other papers by Henning Hartwig in
Current site
Google Scholar
Restricted access

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.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.


Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account