ECJ reinforces unregistered design rights in Karen Millen dispute
The decision of the Court of Justice of the European Union (ECJ) in Karen Millen Fashions Ltd v Dunnes Stores (Case C-345/13), issued this morning, will provide a boost for businesses in creative industries. The ECJ endorsed Advocate General Wathelet’s designer-friendly opinion on the test for protection of an unregistered design and the burden of proof in establishing infringement.
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