Easy Sanitary Solutions v Group Nivelles (Intellectual, industrial and commercial property - Designs Intellectual : Judgment) [2017] EUECJ C-361/15 (21 September 2017)

Easy Sanitary Solutions v Group Nivelles (Intellectual, industrial and commercial property - Designs Intellectual : Judgment) [2017] EUECJ C-361/15 (21 September 2017)

The General Court erred in law by requiring EUIPO to reconstruct earlier designs from separate catalogue elements, but this error did not affect the validity of the judgment annulling the Board of Appeal's decision, as the operative part was well founded on other grounds. The novelty and individual character of a Community design must be assessed in relation to any earlier design made available to the public, regardless of the product sector. The scope of protection is not limited to the product indicated in the registration. The General Court did not exceed its powers of judicial review.

Citation
[2017] EUECJ C-361/15
Parties
Appellant: Easy Sanitary Solutions BV (ESS); Appellant: European Union Intellectual Property Office (EUIPO); Respondent: Group Nivelles NV; Predecessor to Respondent: I-Drain BVBA; Intervener: United Kingdom of Great Britain and Northern Ireland
Jurisdiction
European Union
Judgment Date
21 September 2017
Procedural Posture
Joined Appeals (c 361/15 P and C 405/15 P) From General Court Judgment / Court of Justice of the European Union Judgment on Appeal
Outcome
Appeals dismissed; judgment of the General Court upheld.
Legal Topics
Community Design, Novelty, Individual Character, Burden of Proof, Scope of Protection, Disclosure to the Public, Judicial Review
Intellectual Property European Union Law Community Design Novelty Individual Character Burden of Proof Scope of Protection Disclosure to the Public +1 more

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Parties

Easy Sanitary Solutions BV (ESS)

Appellant

European Union Intellectual Property Office (EUIPO)

Appellant

Group Nivelles NV

Respondent

I-Drain BVBA

Predecessor to Respondent

United Kingdom of Great Britain and Northern Ireland

Intervener

Procedural Posture

Joined Appeals (c 361/15 P and C 405/15 P) From General Court Judgment / Court of Justice of the European Union Judgment on Appeal

Legal Issues

  1. 1 Whether the General Court erred in law regarding the burden of proof and evidence in invalidity proceedings for Community designs under Regulation No 6/2002.
  2. 2 Whether the novelty and individual character of a Community design must be assessed in relation to the product in which the design is incorporated or applied.
  3. 3 Whether the General Court exceeded its powers of judicial review under Article 61 of Regulation No 6/2002.

Ratio Decidendi

The General Court erred in law by requiring EUIPO to reconstruct earlier designs from separate catalogue elements, but this error did not affect the validity of the judgment annulling the Board of Appeal's decision, as the operative part was well founded on other grounds. The novelty and individual character of a Community design must be assessed in relation to any earlier design made available to the public, regardless of the product sector. The scope of protection is not limited to the product indicated in the registration. The General Court did not exceed its powers of judicial review.

Court Disposition

Appeals dismissed; judgment of the General Court upheld.

Orders

  • The appeals of ESS and EUIPO are dismissed.
  • The judgment of the General Court annulling the decision of the Third Board of Appeal of EUIPO is upheld.