Managing Intellectual Property

Everything you need to know about Community designs

23 February 2009

Managing Intellectual Property

Decisions on the enforcement of Community designs “continue to show an unfortunate level of inconsistency” according to the third annual review of Community design case law published by trade mark owners association MARQUES

The latest edition is the first to include a review of the 63 Board of Appeal decisions concerned with invalidity of registered Community designs (RCDs) and a summary of decisions of courts in EU member states sitting as Community design courts. It also covers decisions from Switzerland.

Since the second edition, there have been 100 decisions on invalidity of RCDs, making a total of 400, as well as 80 decisions of the Boards of Appeal.

But there have still been no cases decided by the Court of First Instance of European Court of Justice.

The review is put together by the MARQUES designs team, and is available on the Association’s website.


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