Design prosecution before the EUIPO and the Court of Justice of the EU
Henning Hartwig · Edward Elgar Publishing eBooks · 2024
This chapter signals the far-reaching implications of a new procedural rule relating to the prosecution of Community designs. Starting with May 1, 2019, an appeal brought against a decision of the General Court concerning an EUIPO decision shall not proceed unless allowed by the CJEU. Under the CJEU’s new practice, future cases will hardly be reviewed, as it is extremely difficult to meet the CJEU’s strict standards. Consequently, the importance and impact of the case law of the General Court and the EUIPO with respect to Community design matters is expected to increase. This unique, highly topical chapter offers a fascinating window into the world of design prosecution in the EU, including thought-provoking positions taken from both a conceptual and practical perspective.