English

DESIGN | The General Court on date of prior art availability in the EU design field

On 3 July 2024, the EU General Court issued its decision in Case T-329/22 concerning the invalidity of a registered EU design for a gutter, due to the lack of individual character. The Court stated that, for the purposes of Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, it is sufficient that a prior design has been made available to the public at a time which can be identified with reasonable certainty as prior to the date of filing or the date of priority of the contested Community design.

Newsletter n. 98 – July 2024