Cauzele relative de nulitate ale desenului comunitar
Causes of relative nullity of the Community design

Summary/Abstract: Relative grounds for invalidity are applicable equally to proceedings before the Office for Harmonization in the Internal Market or in the case of the actions in front of the competent national courts. The exhaustive list is established by art. 25(1)(c-g) of Regulation no. 6/2002: the registered holder is not entitled by virtue of a court decision, the Community design is in conflict with a prior national design, the Community design makes unauthorised use of a distinctive sign or is in conflict with protected works in copyright law, the design constitutes an improper use of badges, emblems and escutcheons which are of public interest in a Member State. This material examines the relative causes of nullity in the light of the decisions of OHIM and recent judgments of the Court of Justice of the European Union. The examination of the Office practice and the Court of Justice case law revealed both consistent features and differences in interpretation of current laws.

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