Gerhard Bauer

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Achievements in 10 Years of Community Designs

Paul Maier

Director of the European Observatory on

Infringements of Intellectual Property Rights, OHIM

David Musker

Jenkins & Co.

Gerhard Bauer

IP consultant

Former Chief Trademark Counsel for Daimler AG, Germany

Gr

é

goire Bisson

Director, 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 Bauer

IP consultant

Former Chief Trademark Counsel for Daimler AG, Germany

Facts for an automotive company

What and how to file?

Look-alike

What’s the effect? How to use? (1a)

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.

Advantages of the RCD

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

??

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 !!!

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