Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591 (09 May 2025)

Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591 (09 May 2025)

Article 86(5) of the Community Design Regulation is a provision regarding jurisdiction and continues to apply to pending proceedings by virtue of section 7A of the 2020 Act and Article 67(1) of the Withdrawal Agreement, precluding Zaun from bringing a counterclaim for invalidity of the RCD. The same result is reached under common law principles of res judicata and abuse of process. As to the UKRRD, although Article 86(5) does not apply, the counterclaim is nevertheless barred by issue estoppel because the UKRRD derives from the RCD and the issues are the same as those already determined.

Citation
[2025] EWCA Civ 591
Parties
Claimant/respondent: PRAESIDIAD HOLDING BVBA; Claimant/respondent: GUARDIAR EUROPE BVBA; Defendant/appellant: ZAUN LIMITED
Jurisdiction
England and Wales
Judgment Date
09 May 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Counterclaim
Outcome
Appeal dismissed
Legal Topics
Registered Community Designs, UK Re Registered Designs, Brexit Transitional Provisions, Res Judicata, Abuse of Process, Jurisdiction, Withdrawal Agreement Implementation
Intellectual Property Civil Procedure Registered Community Designs UK Re Registered Designs Brexit Transitional Provisions Res Judicata Abuse of Process Jurisdiction +1 more

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Parties

PRAESIDIAD HOLDING BVBA

Claimant/respondent

GUARDIAR EUROPE BVBA

Claimant/respondent

ZAUN LIMITED

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Counterclaim

Legal Issues

  1. 1 Whether Zaun Limited is precluded from challenging the validity of the RCD and UKRRD in UK proceedings after prior unsuccessful challenge before the EUIPO and General Court of the EU
  2. 2 Whether Article 86(5) of the Community Design Regulation applies post-Brexit to bar the counterclaim
  3. 3 Whether common law principles of res judicata and abuse of process preclude the counterclaim

Ratio Decidendi

Article 86(5) of the Community Design Regulation is a provision regarding jurisdiction and continues to apply to pending proceedings by virtue of section 7A of the 2020 Act and Article 67(1) of the Withdrawal Agreement, precluding Zaun from bringing a counterclaim for invalidity of the RCD. The same result is reached under common law principles of res judicata and abuse of process. As to the UKRRD, although Article 86(5) does not apply, the counterclaim is nevertheless barred by issue estoppel because the UKRRD derives from the RCD and the issues are the same as those already determined.

Court Disposition

Appeal dismissed

Orders

  • Zaun's counterclaim for a declaration of invalidity of the RCD and UKRRD remains struck out.