“Thomas Philipps”

Decision of the European Court of Justice (Seventh Chamber) 22 June 2016 – Case No. C-419/15
  • Thomas Philipps GmbH & Co. KG v. Grüne Welle Vetriebs GmbH Regulation (EC) No 6/2002, Arts. 32, 33
Decision • Design Law European Union
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  1. 1.

    The first sentence of Article 33(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that the licensee may bring proceedings alleging infringement of a registered Community design which is the subject of the licence although that licence has not been entered in the register of Community designs.

     
  2. 2.

    Article 32(3) of Regulation No 6/2002 must be interpreted as meaning that the licensee can claim damages for its own loss in proceedings for infringement of a Community design brought by it in accordance with that provision.

     

Keywords

Licence Register of community designs Right to bring proceedings Infringement 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2017

Authors and Affiliations

  • Thomas Philipps GmbH & Co. KG v. Grüne Welle Vetriebs GmbH Regulation (EC) No 6/2002, Arts. 32, 33

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