Postępowanie o stwierdzenie naruszenia prawa do niezarejestrowanego wzoru wspólnotowego – zagadnienia ogólne

Abstract

This article aims to outline the nature of infringement action based on an unregistered community design. The author indicates the principles of this kind of action. The article consists of 4 parts (excluding introduction and final remarks). In the first part, the author indicates the rights conferred by Community designs based on art. 19.1 of the Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, and endeavours to define the scope of protection of an unregistered design. The second part concerns the limitation of rights conferred by an unregistered community design, while the third provides analysis on the issue of the presumption of validity of unregistered community design based on art. 85.2 (1) of regulation 6/2002, in which the author enumerates the proof that should be produced by the rights holder. The final part of the article presents some remarks on the procedural aspects of proceedings relating to infringement of an unregistered design. All aspects concerning the subject of the article are based on judgements of the Court of Justice of the European Union and the literature on the topic.