Beverly Hills Teddy Bear Company v PMS International Group Plc

Beverly Hills Teddy Bear Company v PMS International Group Plc

UCD protection requires a disclosure event within EU territory; novelty is assessed as of the date UCD protection comes into being, and prior disclosure outside the EU known to relevant circles deprives novelty.

Parties
Claimant: Beverly Hills Teddy Bear Company; Defendant: PMS International Group PLC
Jurisdiction
England and Wales
Judgment Date
17 September 2019
Procedural Posture
Intellectual Property Summary Judgment Application / Preliminary Ruling With Reference to CJEU
Outcome
Reference to the Court of Justice of the European Union (CJEU) under Article 267 TFEU for preliminary ruling.
Legal Topics
Unregistered Community Design, Novelty Assessment, Design Disclosure, Regulation (ec) No. 6/2002, Trips Agreement
Intellectual Property European Union Law Unregistered Community Design Novelty Assessment Design Disclosure Regulation (ec) No. 6/2002 Trips Agreement

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Parties

Beverly Hills Teddy Bear Company

Claimant

PMS International Group PLC

Defendant

Procedural Posture

Intellectual Property Summary Judgment Application / Preliminary Ruling With Reference to CJEU

Legal Issues

  1. 1 Whether UCD protection requires disclosure event within EU territory
  2. 2 Correct date for assessing novelty of UCD under Regulation (EC) No. 6/2002

Ratio Decidendi

UCD protection requires a disclosure event within EU territory; novelty is assessed as of the date UCD protection comes into being, and prior disclosure outside the EU known to relevant circles deprives novelty.

Court Disposition

Reference to the Court of Justice of the European Union (CJEU) under Article 267 TFEU for preliminary ruling.

Orders

  • Questions referred to CJEU regarding territorial requirement for UCD protection and correct date for novelty assessment.