CONCERNED WITH THE QUESTION WHETHER THE PROVISIONS OF ARTICLE 36 OF THE TREATY ALLOW THE APPLICATION OF A NATIONAL LAW WHICH , LIKE THE UNIFORM BENELUX LAW ON DESIGNS , GIVES AN EXCLUSIVE RIGHT TO THE FIRST PERSON TO FILE A DESIGN , WITHOUT PERSONS OTHER THAN THE AUTHOR OR THOSE CLAIMING UNDER HIM BEING ENTITLED , IN ORDER TO CHALLENGE SUCH EXCLUSIVE RIGHT OR DEFEND AN ACTION FOR AN INJUNCTION BROUGHT BY THE HOLDER OF THE RIGHT , TO CONTEND THAT THE PERSON FILING THE DESIGN IS NOT THE AUTHOR OF IT , THE PERSON WHO COMMISSIONED THE DESIGN FROM HIM OR HIS EMPLOYEE .
14 BY WAY OF A PRELIMINARY OBSERVATION IT SHOULD BE STATED THAT , AS THE COURT HAS ALREADY HELD AS REGARDS PATENT RIGHTS , TRADE MARKS AND COPYRIGHT , THE PROTECTION OF DESIGNS COMES UNDER THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY WITHIN THE MEANING OF ARTICLE 36 INASMUCH AS ITS AIM IS TO DEFINE EXCLUSIVE RIGHTS WHICH ARE CHARACTERISTIC OF THAT PROPERTY .
15 ACCORDING TO ARTICLE 1 OF THE UNIFORM BENELUX LAW PROTECTION IS AFFORDED BY THAT LAW ONLY TO THE NOVEL FEATURE OF A PRODUCT SERVING A UTILITY PURPOSE , THAT IS TO SAY , ACCORDING TO ARTICLE 4 , A PRODUCT WHICH IN FACT HAS NOT BEEN COMMONLY KNOWN IN THE INDUSTRIAL OR COMMERCIAL CIRCLES CONCERNED IN THE BENELUX TERRITORY DURING THE 50 YEARS PRIOR TO THE FILING OF THE DESIGN . ACCORDING TO ARTICLE 3 THE EXCLUSIVE RIGHT TO A DESIGN IS ACQUIRED BY THE FIRST PERSON TO FILE IT WITHOUT IT BEING NECESSARY TO INQUIRE WHETHER THAT PERSON IS ALSO THE AUTHOR OF THE DESIGN OR A PERSON ENTITLED UNDER HIM . THE REASON FOR THE RULE IS TO BE FOUND IN THE FUNCTION OF THE RIGHT TO THE DESIGN IN ECONOMIC LIFE AND IN A CONCERN FOR SIMPLICITY AND EFFICACY . FINALLY , BY VIRTUE OF THE DETAILED RULES LAID DOWN IN ARTICLE 5 OF THE LAW THE AUTHOR OF THE DESIGN MAY , DURING A PERIOD OF FIVE YEARS , CLAIM THE RIGHT TO ITS REGISTRATION AND MAY AT ANY TIME CLAIM TO HAVE THE REGISTRATION ANNULLED .
16 THOSE FEATURES , WHICH ARE NEITHER EXHAUSTIVE NOR LIMITATIVE , NEVERTHELESS ALLOW IT TO BE SAID THAT LEGISLATION HAVING CHARACTERISTICS OF THE KIND OF THOSE WHICH HAVE JUST BEEN DESCRIBED CONSTITUTES LEGISLATION FOR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY FOR THE PURPOSES OF ARTICLE 36 OF THE TREATY .
17 ALTHOUGH IT IS TRUE THAT , BY VIRTUE OF ARTICLE 15 OF THE UNIFORM BENELUX LAW ON DESIGNS , ANY PERSON OR BODY CONCERNED , INCLUDING THE PUBLIC PROSECUTOR ' S DEPARTMENT , MAY CLAIM THAT THE RIGHTS ATTACHED TO THE REGISTRATION ARE NULL AND VOID BY CONTESTING , IN PARTICULAR , THE NOVELTY OF THE PRODUCT IN THE TERRITORY CONCERNED ; THEY MAY NOT , ON THE OTHER HAND , ALLEGE THAT THE PERSON FILING THE DESIGN IS NOT THE AUTHOR , THE PERSON COMMISSIONING