Article 5 Novelty
1. A design shall be considered to be new if no identical design has been made available to the public: (a)
in the case of an unregistered Community design, before the date on which the design for which protection is claimed has first been made available to the public; (b)
in the case of a registered Community design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.
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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