Term and definition of Community design case
Die Community design case is a central concept in the intellectual property law of the European Union (EU). It refers to a legal matter in which a Community design is in dispute or otherwise becomes legally relevant. Community designs grant holders a unified protection right for designs within the EU, which is governed by the so-called Community Design Regulation (Regulation (EC) No. 6/2002). The term “Community design case” therefore encompasses all disputes, applications, proceedings, and measures concerning Community design law.
Legal framework of the Community design
Community design law under EU law
Das A Community design is a unified design protection right created by the European Union, applicable in all EU member states. Its legal basis is Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs (Community Design Regulation – CDR). Protection can be obtained through registration or as an unregistered design.
Consequences and effect of protection
The Community design grants its holder an exclusive right to prohibit any unauthorized use of the protected design by third parties. Protection extends across all Member States of the European Union.
Registration procedure
The application and registration of a Community design is carried out at the European Union Intellectual Property Office (EUIPO). After registration, the design is protected for up to 25 years, subject to the payment of renewal fees every five years.
Unregistered Community design
For unregistered Community designs, protection lasts for three years from the date of the first disclosure within the EU. However, this protection is limited to cases of imitation and does not cover all types of use.
The Community design case under Art. 81 CDR
The so-called Community design case is legally defined in Article 81 CDR. This article regulates the jurisdiction of national courts concerning the Community design and determines when proceedings are to be classified as Community design cases. Accordingly, Community design cases include, in particular:
- Actions and applications for infringement and threat of infringement of a Community design
- Actions for a declaration of non-infringement
- Counterclaims for invalidity of the Community design
Both registered and unregistered designs are included here.
Key legal issues related to the Community design case
Infringement issues and claims for injunctive relief
The core of a Community design case often involves examining whether there is an unlawful use or imitation of a protected design. This can give rise to claims for injunctive relief, removal, destruction of infringing products, and, where applicable, damages.
Invalidity issues
In a Community design case, the invalidity of a design may also be asserted, for example because the requirements for protection such as novelty or individual character are not met. The EUIPO is responsible for examining the invalidity of registered Community designs, while invalidity counterclaims can be raised before national Community design courts in infringement proceedings.
Recognition and enforcement of decisions
Decisions in Community design cases have effect throughout the Union. A judgment of a Community design court in one Member State therefore applies to the entire territory of the EU.
Jurisdiction for Community design cases
Community design courts
Exclusive jurisdiction for deciding Community design cases lies with special national courts, known as Community design courts. Member States must establish at least one, but usually two court instances. Jurisdiction is governed by Articles 80 et seq. of the CDR. The courts have comprehensive authority to decide, but certain issues – such as deletion from the register – are excluded.
Local and international jurisdiction
The locally competent Community design court is primarily determined by the seat of the defendant or – if none exists – by the place where the infringement occurred or was threatened. Private international law is superseded by the special regulations of the CDR.
Relationship to national design law and other protective rights
Community design law applies alongside national design rights. In the event of a conflict, Union law takes precedence. Additionally, supplementary protection may be available via copyright, trademark law, or other intellectual property rights as appropriate.
Legal consequences and significance in practice
The Community design case is essential for the EU-wide enforcement of design protection. The uniform application of the law fosters the internal market and provides rights holders with effective legal protection without the need for parallel national proceedings.
Literature and legal sources
- Regulation (EC) No. 6/2002 (Community Design Regulation – CDR)
- Official Journal of the EU: Provisions and official notices on Community designs
- European Union Intellectual Property Office (EUIPO): Guides and information on Community design
Conclusion: The Community design case covers all legal issues related to the unified European design right, its judicial enforcement, defenses, and invalidity. It is of considerable importance for companies and rights holders seeking efficient and uniform design protection across Europe.
Frequently Asked Questions
Who is entitled to bring an action for infringement of a Community design?
The holder of a registered or unregistered Community design is primarily entitled to sue for infringement of a Community design. If there are several holders (joint ownership), they may sue jointly, or one may sue with the consent of the others. In the case of exclusive licences, licensees are also generally entitled to bring an independent action if they have asked the rights holder to file suit and the latter fails to act within a reasonable time. Non-exclusive licensees, on the other hand, may only sue with the express authorization of the rights holder. The entitlement to bring an action generally includes all claims arising from the use and unlawful appropriation of the design, in particular injunctive relief, damages, and information claims.
Which courts have jurisdiction over disputes related to Community designs?
Civil disputes involving Community designs, especially infringement and invalidity actions, fall under the jurisdiction of special Community design courts (“design courts”) within EU Member States. In Germany, this is the Regional Court (Landgericht) where a Higher Regional Court (Oberlandesgericht) is located; this is often the Regional Court of Düsseldorf. Jurisdiction is set out in Article 80 of the Community Design Regulation (CDR). The court addressed must be located in a member state where either the defendant has their domicile or establishment; otherwise, jurisdiction is determined by the place where the infringement occurs or is threatened. Judgments from these courts generally have effect across the entire territory of the European Union (Union-wide effect).
What claims can the holder of a Community design assert?
The holder of a Community design may assert various claims before the courts in case of infringement. These include, in particular, claims for injunctive relief (prohibition of further unlawful use by the infringer), removal of the consequences of infringement (such as destruction of illegally produced products), and claims for information and accounting (in order to reveal the amount of damage and sales channels). The holder is also entitled to claim damages, with various methods available to calculate the amount: actual damages, surrender of the infringer’s profits, or payment of a reasonable licence fee (hypothetical licence). These claims all aim to adequately compensate the right holder for the unauthorized use of their design and to effectively prevent future infringements.
Can interim injunctions be issued in the context of a Community design case?
Yes, the holder of a Community design may seek provisional legal protection by applying for an interim injunction in case of infringement. National jurisdiction and legal requirements are determined by the law of the Member State with jurisdiction for the main proceedings. In Germany, for example, the Regional Court is competent. The prerequisites are the substantiation of an infringement and urgency, as damage caused by ongoing infringement is considered irreparable. The interim injunction may include, in particular, a provisional order to cease and desist, seizure of goods, or measures for the preservation of evidence. This provisional legal protection likewise has Union-wide effect and is an effective tool for promptly combating design piracy.
What defense options does the defendant have in a Community design case?
The defendant in a Community design action may rely on various defence options. Central is the challenge to the protectability of the Community design, arguing that the design lacks novelty or individual character, or another ground for exclusion applies (Article 25 CDR). The defendant may further argue non-use or non-infringement of the design, for instance, because there is no similarity in the overall impression between the contested design and the accused product. The defendant may also submit a counterclaim seeking the declaration of nullity of the Community design, which the court will decide together with the main action. If there is a parallel attack on the registration before the EUIPO (European Union Intellectual Property Office), the infringement proceedings may be suspended.
Is a counterclaim for the declaration of invalidity of the Community design permissible?
Yes, according to Article 81 of the Community Design Regulation, the defendant may seek the declaration of invalidity of the Community design by way of a counterclaim. This is possible only for registered, but not unregistered, Community designs. The counterclaim can be raised only before a Community design court. If the counterclaim is admissible and justified, the court will declare the design invalid, meaning that its protection ceases retroactively and all claims by the plaintiff based on that design are dismissed. Alternatively, it is possible to initiate a separate cancellation proceeding before the EUIPO; the court hearing the infringement case will usually wait for the outcome of the cancellation proceeding (suspension of proceedings).
What is the effect of a judgment of a Community design court?
A judgment by a Community design court of first instance generally has effect throughout the Union, meaning it applies to the entire territory of the European Union. This includes, in particular, orders for injunctive relief and removal as well as the declaration of invalidity of a Community design. As a result, parallel or subsequent infringements are prohibited in all Member States, regardless of where the original litigation began. The judgment is enforceable within the EU, although enforcement mechanisms (enforcement proceedings) vary by Member State. The only exceptions relate to any national design rights not affected by the judgment. The Union-wide effect underscores the unified protection granted by a Community design.
