Recent Judgments of the CJEU on Designs

This e-presentation presents key pending or recently adopted rulings of the Court of Justice on designs, dealing with questions such as the right of a licensee to bring proceedings in Court (C-419/15, Thomas Philipps v Grüne Welle), the competent jurisdiction in Community Design infringement proceedings (C-433/16, BMW v Acacia, and joined cases C-24/16 and C-25/16, Nintendo v Bigben), prior art (joined cases C-361/15P and C-405/15P, Nivelles v EUIPO and Easy Sanitary) and the repair clause (C-397/16, Acacia v Audi).

Dr. Henning Hartwig

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.