Preliminary reference · referred by the Svea hovrätt, Patent- och marknadsöverdomstolen (Svea Court of Appeal, Patent and Market Court of Appeal, Stockholm, Sweden)
5Recital 41 of Directive 2015/2436 reads as follows:‘Member States are bound by the [Paris Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883, last revised at Stockholm on 14 July 1967 and amended on 28 September 1979 (United Nations Treaty Series, Vol. 828, No 11851, p. 305)] (“the Paris Convention”) and the [Agreement on Trade-Related Aspects of Intellectual Property Rights contained in Annex 1C to the Agreement establishing the World Trade Organization (WTO), which was approved by Council Decision 94/800/EC (of 22 December 1994) concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ 1994 L 336, p. 1; “the TRIPS Agreement”)]. It is necessary that this Directive be entirely consistent with that Convention and that Agreement. The obligations of the Member States resulting from that Convention and that Agreement should not be affected by this Directive. Where appropriate, the second paragraph of Article 351 [TFEU] should apply.’