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Council Regulation (EC) No 6/2002Show full title
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
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- Revised 01/07/20130.88 MB
- Revised 01/01/20070.17 MB
- Revised 01/05/20040.15 MB
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TITLE XU.K.EFFECTS ON THE LAWS OF THE MEMBER STATES
Article 95U.K.Parallel actions on the basis of Community designs and national design rights
1.Where actions for infringement or for threatened infringement involving the same cause of action and between the same parties are brought before the courts of different Member States, one seized on the basis of a Community design and the other seized on the basis of a national design right providing simultaneous protection, the court other than the court first seized shall of its own motion decline jurisdiction in favour of that court. The court which would be required to decline jurisdiction may stay its proceedings if the jurisdiction of the other court is contested.
2.The Community design court hearing an action for infringement or threatened infringement on the basis of a Community design shall reject the action if a final judgment on the merits has been given on the same cause of action and between the same parties on the basis of a design right providing simultaneous protection.
3.The court hearing an action for infringement or for threatened infringement on the basis of a national design right shall reject the action if a final judgment on the merits has been given on the same cause of action and between the same parties on the basis of a Community design providing simultaneous protection.
4.Paragraphs 1, 2 and 3 shall not apply in respect of provisional measures, including protective measures.
Article 96U.K.Relationship to other forms of protection under national law
1.The provisions of this Regulation shall be without prejudice to any provisions of Community law or of the law of the Member States concerned relating to unregistered designs, trade marks or other distinctive signs, patents and utility models, typefaces, civil liability and unfair competition.
2.A design protected by a Community design shall also be eligible for protection under the law of copyright of Member States as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Member State.
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