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Achievements in 10 Years of Community Designs

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

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Achievements in 10 Years of Community Designs

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  1. Achievements in 10 Years of Community Designs

  2. 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 Grégoire Bisson Director, The Hague Registry, Brands and Designs Sector, WIPO Chair: Sir Robin Jacob Professor of IP Law, UCL

  3. Achievements in 10 years of Community Design – An industry view Gerhard Bauer IP consultant Former Chief Trademark Counsel for Daimler AG, Germany

  4. Facts for an automotive company

  5. What and how to file?

  6. What’s the effect? How to use? (1a) Look-alike Genuine (3D CTM + RCD)

  7. 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.

  8. What’s the effect? How to use? (2a) Community Design 000012869-0001 Community Design 0000173166-0003/0007 Infringing designs

  9. 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.

  10. 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??

  11. Is it a success? YES, it is !!!

  12. Is it a success? YES, it is !!!

  13. Is it a success?

  14. Is it a success? YES, it is !!!

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