In order to ensure design protection and combat counterfeiting effectively, and in line with international obligations of the Union under the framework of the World Trade Organization (WTO), in particular Article V of the General Agreement on Tariffs and Trade (GATT) on freedom of transit, and, as regards generic medicines, the Doha Declaration on the TRIPS Agreement and Public Health, adopted by the WTO Ministerial Conference on 14 November 2001, the holder of a registered EU design should be entitled to prevent third parties from bringing products, in the course of trade, from third countries into the Union, without being released for free circulation there, where, without the right holder’s authorisation, such products incorporate a design which is identical or essentially identical to the registered EU design or where a design is applied to those products which is identical or essentially identical to the registered EU design.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
