Judgment_paragraph 26 · Davide Groppi Srl v European Union Intellectual Property Office (T-187/20)

26In the context of the examination of the ground for invalidity referred to in Article 25(1)(b) of Regulation No 6/2002, read in conjunction with Article 6 thereof, the sole function of the earlier design is to reveal the state of the prior art, that is to say the corpus of previous designs relating to the product in question that were disclosed on the date of filing of the contested design (see, to that effect, judgment of 7 February 2019, Eglo Leuchten v EUIPO – Briloner Leuchten (Lamp), T‑767/17, not published, EU:T:2019:67, paragraph 19 and the case-law cited). However, the fact that a prior design belongs to that corpus of previous designs is the result of the mere disclosure of that design.

Davide Groppi Srl v European Union Intellectual Property Office (T-187/20)

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