Achievements in 10 Yearsof Community Designs

Paul MaierDirector of the European Observatory on Infringements of Intellectual Property Rights, OHIM

David Musker Jenkins & Co.

Gerhard BauerIP consultantFormer Chief Trademark Counsel for Daimler AG, Germany

Grégoire BissonDirector, The Hague Registry, Brands and Designs Sector, WIPO

Chair: Sir Robin Jacob Professor of IP Law, UCL

Achievements in 10 years of Community Design – An industry view

Gerhard BauerIP consultant

Former Chief Trademark Counsel for Daimler AG, Germany

Facts for an automotive company

What and how to file?

What’s the effect? How to use? (1a)

Look-alike Genuine (3D CTM + RCD)

What’s the effect? How to use? (1b)

TRIBUNALE DI TORINO; ordinanza 14 marzo 2008; Giud. DONATO; Soc. Daimlerchrysler c. soc. Nord-auto e OMCI.

Based on a registered Community Design for the SMART car and a 3D Community Trademark, import of the look-alike vehicle into the EU was successfully stopped and display of the vehicle at the International Auto Show (IAA) Frankfurt prohibited.

Successful use of Community Rights:• Design; and• 3D trademark.

What’s the effect? How to use? (2a)

Community Design 000012869-0001 Community Design 0000173166-0003/0007

Infringing designs

What’s the effect? How to use? (2b)

Federal German Supreme Court

• Confirming validity of claimants’ Community Designs.

• Confirming infringment by defendants’ products.

• Denying exhaustion of claimants’ designs.

• Denying rights of use for defendants’ own design rights.

• Confirming claim for information.

• Confirming damages.

• A new and reliable right.• Speedy registration process.• Enforceable in the EU.• Possibility of electronic filing.• Link to the Hague System.• Flexibility in use of photos as well as drawings.

but ….

… what is the future of spare parts??

Advantages of the RCD

Is it a success?

YES, it is !!!

Is it a success?

YES, it is !!!

Is it a success?

Is it a success?

YES, it is !!!