Information;Judgment — ECLI:EU:T:2019:758
Date: 2019-10-24
Language of the case: German
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 24 October 2019 – Atos Medical v EUIPO — Andreas Fahl Medizintechnik-Vertrieb (medical plasters) (Case T‑559/18) (Community design — Invalidity proceedings — Registered Community design representing a medical plaster — Disclosure of the earlier designs — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) 1. Community designs — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Precluded (Council Regulation No 6/2002, Art. 61) (see para. 18) 2. Community designs — Ground for invalidity — No individual character — Previous disclosure of identical design — Proof of the disclosure (Council Regulation No 6/2002, Arts 6 and 65(1); Commission Regulation No 2245/2002, Art. 28(1)(b)(v) and (vi)) (see paras 27, 28) 3. Community designs — Conditions for protection — Individual character — Design giving the informed user a different overall impression from that produced by the earlier design — Determination of the overall impression in relation to one or more prior designs, taken individually (Council Regulation No 6/2002, Art. 6) (see para. 35) 4. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2) and 25(1)(b)) (see paras 46, 47) 5. Community designs — Ground for invalidity — Conflict with an earlier design — Design not giving the informed user a different overall impression from that produced by the earlier design — Informed user — Meaning (Council Regulation No 6/2002, Arts 6(1), 10(1) and 25(1)(b)) (see paras 50, 51, 59) 6. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Global assessment of all the elements of the prior design (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 57, 58) 7. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of a medical plaster (Council Regulation No 6/2002, Arts 6 and 25(1)(b)) (see paras 65, 67, 69, 70) Re: Action brought against the decision of the Third Board of Appeal of EUIPO of 29 June 2018 (Case R 2215/2016-3), relating to invalidity proceedings between Atos Medical and Andreas Fahl Medizintechnik-Vertrieb. Operative part The Court: 1. Dismisses the action; 2. Orders Atos Medical GmbH to pay the costs.