According to the Court of Justice, assessing the validity of a registered Community design over an earlier design, under the individual-character test, is largely a question of fact, falling into the General Court’s exclusive jurisdiction. Hence, this court’s decisions on appeals from the Boards of Appeal of the EUIPO will practically be the ultimate word, with an enormous importance for shaping and developing European design law. Some recent case law, however, causes concerns with respect to quality, terminology, and consistency.
Pay to Access Content (PDF download and unlimited online access)
Other access options
Log in with Open Athens, Shibboleth, or your institutional credentials
Log in with your Elgar Online account
|Since 2022||Since May 2022||Past 30 Days|
|Full Text Views||253||253||5|