India, Nov. 12 -- A Chinese manufacturer of motor scooters is not in breach of an Italian competitor"s intellectual property rights. That was the verdict of the General Court of the European Union (EGC) in a ruling from September 24, 2019 (Az. T-219/18).
We at the commercial law firm MTR Rechtsanwalte https://www.mtrlegal.com/en.html note that in order for a registered design to be capable of being affording protection under the Community Design Regulation, it needs to be new and possess individual character.
In the dispute between the motor scooter manufacturers, the General Court found the Chinese model to have sufficient individual character, there being no risk of confusion with a well-known model from an Italian manufacturer. Consequ...