Article 1 Community design
1.
A design which complies with the conditions contained in this Regulation is hereinafter referred to as a ‘Community design’. 2.
A design shall be protected: (a)
by an ‘unregistered Community design’, if made available to the public in the manner provided for in this Regulation; (b)
by a ‘registered Community design’, if registered in the manner provided for in this Regulation.
…
- Introduction
- The Regulation
- Article 1 Community design
- Article 4 Requirements for protection
- Article 5 Novelty
- Article 7 Disclosure
- Article 11 Commencement and term of protection of the unregistered Community design
- Article 110(a)
- The effect of the Regulation on its face
- Judgments of courts in Germany
- Judgments of the CJEU in Gautzsch and the General Court in Senz
- The remaining issues of law
- Textbook commentary
- The arguments in the present case
- Discussion
- Should there be a reference to the CJEU?
- Questions to be referred