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Intellectual Property Insights: EUIPO Board of Appeal decision sheds light on evidence needed to prove disclosure of design

March 2025

As part of the WTR series EUROPEAN UNION | Legal updates: case law analysis and intelligence, Andreea Bende and George Irimescu, co-authored a piece titled “EUIPO Board of Appeal decision sheds light on evidence needed to prove disclosure of design”.

The thesis:

  • The Invalidity Division rejected an application for a declaration of invalidity of a RCD representing a lily pattern, as
    there was no evidence of prior disclosure
  • The Board of Appeal agreed that the undated images submitted in support of the invalidity claim could not prove
    disclosure of a prior design
  • However, the board found that an arch from the Middle Ages represented a valid disclosure event

To download the full article, please click HERE.

This article first appeared on WTR Daily, part of World Trademark Review, in January 2025. For further information, please go to www.worldtrademarkreview.com


To raise awareness on intellectual property aspects and to help companies understand the relevant concepts, risks and benefit connected to such, BACIU PARTNERS professional constantly contribute expert views to reputable publications, such as WTR Daily.


BACIU PARTNERS is the umbrella brand for BACIU & ASOCIATII Law Firm, BACIU BENDE IP SRL and BPARTNERS 360 REGULATORY SRL.

To learn more about our Intellectual Property practice please click HERE.

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