Zaak C-345/13: Karen Millen Fashions. Prejudiciële vragen Supreme Court (Ierland).
Modellenrecht. "This is a request for a preliminary ruling in a case which concerns a claim by a UK retailer that two women's garments designed by it but subsequently copied and sold by an Irish retailer were protected as unregistered Community designs."
Prejudiciële vragen: "1. In consideration of the individual character of a design which is claimed to be entitled to be protected as an unregistered Community design for the purposes of Council Regulation (EC) No 6/2002 of 12th December, 2001 on Community designs, is the overall impression it produces on the informed user, within the meaning of Article 6 of that Regulation, to be considered by reference to whether it differs from the overall impression produced on such a user by
(a) any individual design which has previously been made available to the public, or
(b) any combination of known design features from more than one such earlier design?
2. Is a Community design court obliged to treat an unregistered Community design as valid for the purposes of Article 85(2) of Council Regulation (EC) No 6/2002 of 12th December, 2001 on Community designs where the right holder merely indicates what constitutes the individual character of the design or is the right holder obliged to prove that the design has individual character in accordance with Article 6 of that Regulation?"