Tod's Law: The Ecj Rules

The instant major intellectual belongings ruling from the European Court of Justice today comes inwards Case C-28/04, Tod's SpA too Tod's French Republic SARL v Heyraud SA; Technisynthèse intervening.

Tod’s, an Italian company,claimed to ain the artistic intellectual belongings rights inwards shoes sold nether the TOD'S too HOGAN merchandise marks. Tod’s French Republic distributed those shoes inwards France. On hearing that Heyraud was selling, nether its ain name, shoes that copied or imitated the principal characteristics of its ain designs, Tod’s sued for infringement of its registered pattern rights inwards shoes bearing the TOD'S too HOGAN merchandise marks. Heyraud said this activity was inadmissible nether Article 2(7) of the Berne Convention inwards that Tod’s may non claim copyright protection inwards French Republic for designs that produce non qualify for such protection inwards Italy. Tod’s said that Article 2(7) can't utilize since it would establish discrimination based on the copyright owner's nationality nether Article 12 EC.

The Tribunal de Grande Instance de Paris took the sentiment that Article 2(7) of the Berne Convention had the number of depriving Union nationals who, inwards the the world of rootage of their work, enjoyed exclusively the protection granted inwards honor of designs too models, of the correct to convey proceedings based on copyright inwards the countries of the Union which allowed cumulation of protection. It decided silent to remain the proceedings too to refer the next interrogation to the Court for a preliminary ruling:

"Does Article 12 EC, which lays downward the full general regulation of non-discrimination on grounds of nationality, hateful that the correct of an writer to claim inwards a Member State the copyright protection afforded past times the police line of that State may non last dependent to a distinction based on the the world of rootage of the work?"

The ECJ answered this interrogation equally follows:

"Article 12 EC, which lays downward the full general regulation of non‑discrimination on grounds of nationality, must last interpreted equally pregnant that the correct of an writer to claim inwards a Member State the copyright protection afforded past times the police line of that State may non last dependent to a distinguishing touchstone based on the the world of rootage of the work".

notes the confidence amongst which the ECJ applied its before non-discrimination illustration police line inwards Joined Cases C-92/92 too C-326/92 Phil Collins too Others [1993] ECR I-5145, paragraph 27, too Case C-360/00 Ricordi [2002] ECR I-5089. He reminds readers that this conclusion does non hateful that the French accept to give Italian claimants inwards French Republic the produce goodness of legal rights available to Italian claimants inwards Italy; it exclusively agency that the French can't withhold from Italian claimants inwards French Republic the enjoyment of rights enforceable past times French claimants inwards France.

Tod's Lore here
Sod's Law here
Rod's Law here
Mod's Law here
God's Law here