Judgment_paragraph 59 · European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR (C-382/21 P)

59That said, it is not necessary, for the purposes of dealing with the present appeal, to examine whether and, as the case may be, the extent to which the European Union has exclusive competence in matters governed by the Paris Convention, which was concluded by all of the Member States but not by the European Union itself. In fact, as the Court has already held, the rules set out by certain articles in that convention, including Article 4 thereof, have been incorporated into the TRIPs Agreement which was itself concluded by the European Union (see, to that effect, judgment of 16 November 2004, Anheuser-Busch, C‑245/02, EU:C:2004:717, paragraph 91).