Judgment_paragraph 71 · European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR (C-382/21 P)

71When interpreting Article 41 of Regulation No 6/2002 in accordance with Article 4 of the Paris Convention, regard should also be had to the provisions of the PCT, pursuant to which the earlier application, on which KaiKai relies in order to claim a right of priority, was filed. Since all of the EU Member States are party to the PCT, regard may be had to the provisions of that treaty in the interpretation of provisions of EU secondary legislation which fall within its scope (see, to that effect, judgment of 1 August 2022, Sea Watch, C‑14/21 and C‑15/21, EU:C:2022:604, paragraph 90 and the case-law cited). In that context, it must also be noted that the PCT, in accordance with Article 1(2) thereof, is without prejudice to the rights provided for by the Paris Convention.