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Case C-382/21 P: Judgment of the Court (Grand Chamber) of 27 February 2024 – European Union Intellectual Property Office (EUIPO) v The KaiKai Company Jaeger Wichmann GbR (Appeal – Intellectual property – Community designs – Patent Cooperation Treaty (PCT) – Agreement on Trade-Related Aspects of Intellectual Property Rights – Paris Convention for the Protection of Industrial Property – Article 4 – Regulation (EC) No 6/2002 – Article 41 – Application for registration of a Community design – Right of priority – Priority claim based on an international application filed under the PCT – Time period – Interpretation consistent with Article 4 of that convention – Limits)
ECLI:EU:UNKNOWN:62021CA0382
62021CA0382
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Official Journal of the European Union
C series
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C/2024/2566
22.4.2024
(Case C-382/21 P)
(Appeal - Intellectual property - Community designs - Patent Cooperation Treaty (PCT) - Agreement on Trade-Related Aspects of Intellectual Property Rights - Paris Convention for the Protection of Industrial Property - Article 4 - Regulation (EC) No 6/2002 - Article 41 - Application for registration of a Community design - Right of priority - Priority claim based on an international application filed under the PCT - Time period - Interpretation consistent with Article 4 of that convention - Limits)
(C/2024/2566)
Language of the case: German
Parties
Applicant: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája, D. Hanf, E. Markakis and V. Ruzek, acting as Agents)
Other party to the proceedings: The KaiKai Company Jaeger Wichmann GbR (represented by: J. Hellmann-Cordner, Rechtsanwältin, and by T. Lachmann and F. Steinbach, Patentanwälte)
Intervener in support of the appellant: European Commission (represented by: P. Němečková, J. Samnadda and G. von Rintelen, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 14 April 2021, The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic and sports apparatus and equipment) (T-579/19, EU:T:2021:186), in so far as it upholds the second part of the second plea in law in the action at first instance and annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2019 (Case R 573/2019-3);
2.Dismisses the action brought by The KaiKai Company Jaeger Wichmann GbR in Case T-579/19;
3.Orders The KaiKai Company Jaeger Wichmann GbR to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) in both the present appeal and the proceedings at first instance;
4.Orders the European Commission to bear its own costs.
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Language of the case: German
ELI: http://data.europa.eu/eli/C/2024/2566/oj
ISSN 1977-091X (electronic edition)
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