Article 7 Disclosure
1. For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, before the date referred to in Articles 5(1)(a) and 6(1)(a) or in Articles 5(1)(b) and 6(1)(b), as the case may be, except where these events could not reasonably have become known in the normal course of business 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