Zaak C-419/15: Thomas Phillips, prejudiciële vragen Oberlandesgericht Düsseldorf - Duitsland.
Modelrecht. "A request for a preliminary ruling in a case which concerns an infringement of a registered Community design for a laundry ball."
Prejudiciële vragen
1. Does the first sentence of Article 33(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs preclude a licensee who has not been entered in the register of Community designs from bringing claims for the infringement of a registered Community design?
2. In the event that the first question is answered in the negative: may the exclusive licensee of a Community design, with the consent of the right holder, bring an action on its own claiming damages for its own loss under Article 32(3) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs or can the licensee only intervene in an action brought by the right holder for an infringement of its Community design under Article 32(4) of that regulation?
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Modelrecht. "A request for a preliminary ruling in a case which concerns an infringement of a registered Community design for a laundry ball."
Prejudiciële vragen
1. Does the first sentence of Article 33(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs preclude a licensee who has not been entered in the register of Community designs from bringing claims for the infringement of a registered Community design?
2. In the event that the first question is answered in the negative: may the exclusive licensee of a Community design, with the consent of the right holder, bring an action on its own claiming damages for its own loss under Article 32(3) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs or can the licensee only intervene in an action brought by the right holder for an infringement of its Community design under Article 32(4) of that regulation?
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