CLASS 99
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TUESDAY, 13 AUGUST 2013
German courts require proof of title to unregistered designs
Our thanks to ever-vigilant German Class 99-er Henning Hartwig of Bardehle for bringing us news of a recent German Supreme Court decision BGH I ZR 23/12 "Bolerojäckchen" ("Bolero Jackets") on burdens of proof in Unregistered Community Design cases.
His summary with pictures is here. Michael Thesen also comments on the case here. You can find the decision itself here.
The long and short of it is that those seeking to assert an Unregistered Community Design carry the burden of proof of showing that they own it. The act of disclosing it does not make the discloser the owner. Not unreasonable but, as both German colleagues comment, it does add to the burdens of proof carried by the unlucky proprietor. Posted by: David Musker @ 15.44
Tags: burden of proof, Community unregistered design right, design ownership, entitlement, germany, infringement, ucd,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA480
German courts require proof of title to unregistered designs
His summary with pictures is here. Michael Thesen also comments on the case here. You can find the decision itself here.
The long and short of it is that those seeking to assert an Unregistered Community Design carry the burden of proof of showing that they own it. The act of disclosing it does not make the discloser the owner. Not unreasonable but, as both German colleagues comment, it does add to the burdens of proof carried by the unlucky proprietor. Posted by: David Musker @ 15.44
Tags: burden of proof, Community unregistered design right, design ownership, entitlement, germany, infringement, ucd,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA480
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