The remaining issues of law
36. The first and second questions of law have not been considered by the CJEU. To recap, they are: (1)For UCD protection to come into being under art.11, must the event of disclosure take place within the geographical confines of the Community, or is it sufficient that the event, wherever it took place, could reasonably have become known in the normal course of business to the relevant circles in the Community? (2)Is novelty under art.5(1)(a) to be assessed as of the date on which UCD protection comes into being under art.11, or as of the date on which an event of disclosure of the design, wherever it took place, could first reasonably have become known in the normal course of business to the relevant circles in the Community?
- 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