Judgment of the General Court (Fifth Chamber) of 12 March 2020.Gamma-A SIA v European Union Intellectual Property Office.Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Proof of disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002.Case T-353/19.

Judgment // 12/03/2020 // 3 min read
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Judgment of the General Court (Fifth Chamber) of 12 March 2020 –Gamma-A v EUIPO — Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)

(Case T‑353/19)

(Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Proof of disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002)

  1. Community designs — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Declaratory judgments — Precluded

(Art. 266 TFEU; Council Regulation No 6/2002, Art. 61(3) and (6))

(see para. 13)

  1. Community designs — Grounds for invalidity — No individual character — Disclosure to the public — Proof of disclosure

(Council Regulation No 6/2002, Arts 6(1), 7(1), 25(1)(b) and 65(1); Commission Regulation No 2245/2002, Art. 28(1)(b)(v) and (vi))

(see paras 19-22, 31)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Global assessment of all the elements of the earlier design

(Council Regulation No 6/2002, Arts 6 and 25(1)(b))

(see paras 39, 40, 62)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of packaging for foodstuffs

(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))

(see paras 47, 63, 66, 68-70)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Global assessment of all the elements of the earlier design — Nature of the product incorporating a design — Effect

(Council Regulation No 6/2002, Recital 14 and Arts 6(1), 25(1)(b) and 36(6))

(see paras 51, 52)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Global assessment of all the elements of the earlier design — Scope — Content of the product incorporating a design — Not included

(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))

(see para. 56)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Informed user — Concept

(Council Regulation No 6/2002, Arts 6(1), 10(1) and 25(1)(b))

(see paras 59-61)

  1. Community designs — Grounds for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Freedom of the designer

(Council Regulation No 6/2002, Arts 6 and 25(1)(b))

(see para. 65)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 12 February 2019 (Case R 2543/2017-3), relating to invalidity proceedings between Piejūra SIA and Gamma-A.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Gamma-A SIA to pay the costs.

Designs