Rights of prior use in respect of a registered Community design
- A right of prior use shall exist for any third person who
can establish that before the date of filing of the application, or,
if a priority is claimed, before the date of priority, he has in
good faith commenced use within the Community, or has
made serious and effective preparations to that end, of a design
included within the scope of protection of a registered
Community design, which has not been copied from the latter.
- The right of prior use shall entitle the third person to
exploit the design for the purposes for which its use had been
effected, or for which serious and effective preparations had
been made, before the filing or priority date of the registered
- The right of prior use shall not extend to granting a
licence to another person to exploit the design.
- The right of prior use cannot be transferred except, where
the third person is a business, along with that part of the
business in the course of which the act was done or the
preparations were made.