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- [10] “Cogeco Communications”Decision of the European Court of Justice (Second Chamber) 28 March 2019 – Case No. C-637/17 [J]. IIC - International Review of Intellectual Property and Competition Law, 2019, 50 : 1032 - 1032
“Textilis”Decision of the European Court of Justice (Fifth Chamber) 14 March 2019 – Case No. C-21/18
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Concept of “shape”;
Two-dimensional decorative motifs;
Two-dimensional mark;
Figurative mark also constituting a work for the purpose of the copyright exhaustion rule;
Retroactive effect;
Shape giving substantial value;
D O I：
10.1007/s40319-019-00835-8
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摘要：
Article 7(1)(e)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015, must be interpreted as meaning that it is not applicable to marks registered before the entry into force of Regulation No 207/2009, as amended by Regulation 2015/2424.Article 7(1)(e)(iii) of Regulation No 207/2009 must be interpreted as meaning that a sign such as that at issue in the main proceedings, consisting of two-dimensional decorative motifs, which are affixed to goods, such as fabric or paper, does not ‘consist exclusively of the shape’, within the meaning of that provision.
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页码：772 / 773
页数：1
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