Wernicka Kinga, Preliminary rulings of the Court of Justice of the European Union concerning unregistered Community designs

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Opublikowano: ZNUJ. PPWI 2016/2/187-198
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Preliminary rulings of the Court of Justice of the European Union concerning unregistered Community designs

The procedure of Art. 267(1) of the Treaty on the Functioning of the European Union is the unique way to interpret European Union law. Preliminary rulings based on the Art. 267(1) TFEU given by the Court of Justice of the European Union enable a uniform application of the European Union legal acts. In the matter of unregistered Community designs protected under Regulation No. 6/2002 this procedure is very helpful. Actually there are only two preliminary rulings that were given in cases concerning unregistered Community designs. They are important not only for the application of the provisions concerning unregistered Community designs but also registered Community designs. Preliminary rulings still do not give the answer to all questions that enable full and uniform application of the provisions concerning unregistered Community designs. Nevertheless, they facilitate using them.

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