Multistate Infringements of EU Trade Marks and Designs: Jurisdiction, Remedies, Applicable Law

This e-presentation deals with international jurisdiction of EU trade mark and design courts and territorial competence in case of infringement of trade mark or design rights in several Member States. It also gives an overview of existing EU tools in order to obtain injunctions, sanctions, damages and other remedies.

Prof Alexander von Mühlendahl

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Question 1 of 3

Question 1: The "freeze plus" solution codified in Article 14 of the Directive states that:

Member states shall change their existing provisions relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts..

Member states shall maintain in force their existing provisions relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts.

Member states shall maintain in force their existing provisions relating to the use of the design of a product for the purpose of the repair of a product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts.

Question 2 of 3

**Question 2: According to the decision adopted by the Court of Justice in Ford Motor Company v Wheeltrims:**

the spare parts exception does not permit a manufacturer to infringe a third party’s trade marks.

the spare parts exception permits a manufacturer to infringe a third party’s trade marks.

it is unclear whether the spare parts exception permits a manufacturer to infringe a third party’s trade marks.

Question 3 of 3

Question 3: The EU Design Directive has harmonised the rules applicable to spares:

No.

Yes.