Judgment_paragraph 70 · European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR (C-382/21 P)

70That said, since the TRIPs Agreement is binding on the European Union and, accordingly, takes precedence over EU secondary legislation, the latter must be interpreted, as far as is possible, in accordance with the provisions of that agreement (see, by analogy, judgments of 10 September 1996, Commission v Germany, C‑61/94, EU:C:1996:313, paragraph 52, and of 1 August 2022, Sea Watch, C‑14/21 and C‑15/21, EU:C:2022:604, paragraphs 92 and 94 and the case-law cited). It follows that Regulation No 6/2002 must be interpreted, as far as is possible, in accordance with the TRIPs Agreement and, as a consequence, with the rules set out by the articles of the Paris Convention, including Article 4 thereof, which are incorporated into that agreement (see, by analogy, judgments of 15 November 2012, Bericap Záródástechnikai, C‑180/11, EU:C:2012:717, paragraphs 70 and 82, and of 11 November 2020, EUIPO v John Mills, C‑809/18 P, EU:C:2020:902, paragraphs 64 and 65).