Article 11 Commencement and term of protection of the unregistered Community design
1.
A design which meets the requirements under Section 1 shall be protected by an unregistered Community design for a period of three years as from the date on which the design was first made available to the public within the Community. 2.
For the purpose of paragraph 1, a design shall be deemed to have been made available to the public within the Community if it has been published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.
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- 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