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COMMUNITY DESIGN PROTECTION: PARTICULAR ASPECTS OF THE PROCEDURE BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION

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Author(s): ALINA MIHAELA CONEA

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 719;
Date: 2013;
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Keywords: community design | new rules of procedure | action in annulment | Court of Justice of the European Union

ABSTRACT
The Court of Justice of the European Union (CJEU) has the opportunity to decide on the Community design and interpretation of the rules governing this matter in actions that can follow two different procedural paths. In the first case we refer to the action brought before the Court against a decision of the Office for Harmonization in the Internal Market (OHIM). In this situation we must distinguish between actions that may or may not be led by a proceeding before the Board of Appeal of the Office. In a second case, we are in the presence of the preliminary procedure raised by national courts. Regarding action against the decision of OHIM the approach will be different, taking into account several reasons. First, we have to identify the nature of the action: are we in the presence of an action for annulment in the ordinary sense? The second reason is imposed by the existence of specific differences related to intellectual property rights litigation, compared to other European court procedures. This paper is considering CJEU case law and implications of the new Rules of Procedure of the Court of Justice.

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