41The French Government contends that detention under customs control forms part of the specific subject-matter of the design right, namely the exclusive right of the proprietor to market a product with a particular appearance for the first time. The French Government, relying on the case-law of the Court and, inter alia, Case C-9/93 IHT Internationale Heiztechnik v Ideal-Standard [1994] ECR I-2789, submits that in putting their goods into circulation for the first time in French territory, by means of transit, without the consent of the proprietor of the exclusive right, the manufacturers of copies of protected spare parts infringe that exclusive right.
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