This Opinion addresses the notion of disclosure within the meaning of Articles 7 and 11 CDR, discussing who the relevant circles are, and whether the presentation of a design to one single European operator, in a remote part of the world, automatically qualifies as disclosure. The Advocate-General’s Opinion also examines procedural issues regarding the burden of proof in relation to the alleged copy of an unregistered Community design (UCD), whether design infringement actions are subject to prescription and forfeiture, and what national law is applicable to the coercive and punitive measures adopted by a Community design court having international jurisdiction in accordance with Article 82 CDR.

This Opinion may be the subject of further comments from other members of the Class 99 blog team.