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Defence against counterfeiting remains simple

Defence against counterfeiting a community model must remain simple

This is the judgement of a General Attorney of the European Court of Justice. The advice of this jurisdiction (in 80% in line with the one of the General Attorney) was asked by a Spanish court that was faced by the following situation: a first company had deposited a model (which, as already mentioned before, does not need a verification by OHIM). This company observed that its model was being copied by a second company and urged the latter to stop the counterfeiting. However, instead of stopping, the second company deposited a community model (which was necessarily accepted).

The question now is: is it necessary to annul the second model in order to proceed the case against counterfeiting?

According to the General Attorney, this is not necessary because the initial simplicity of the community model principle is preserved. The important thing is, that the counterfeiter stops its activities; the annulment of his model is accessory and even unnecessary and may not permit him to continue his illicit activities.

Case C488/10 of 8 November 2011.