Monday, 5 November 2012

CJEU issue a gnomic design ruling

Some time back we brought you our news and views on the case of the angry gnomes before the General Court.  The case has recently made its way through the Court of Justice, whose judgment is here.  It does not, however, contain any fundamentals of design law - it concludes that the General Court was entitled in law to come to the conclusions it reached without stating whether those conclusions were in fact correct.
I suppose this is a disappointing result for those of us who are hoping that the CJEU will lay out its thinking on designs at an early stage, but three levels of appeal (each lasting at least a year and perhaps several) are too many, so as a practical matter the CJEU may be right to take a narrow view of their competence - if only to keep the number of final appeals and the consequent backlog within bounds.

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