标题:JUDGMENT OF THE COURT (SECOND CHAMBER) OF 27 SEPTEMBER 2017 IN JOINED CASES C-24/16 AND C-25/16 IN THE PROCEEDINGS NINTENDO CO. LTD V. BIGBEN INTERACTIVE GMBH, BIGBEN INTERACTIVE SA
摘要:The judgment of 27 September 2017 of the Court of Justice of the European Union (CJEU)'s in the case of Nintendo D. BigBen' provides important conclusions concerning the determination of the law applicable to the consequences of infringement of Community design right. It is based both on Article 8 of Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)2 and relevant EU Regulations of Community design right'. CJEU clearly explained: 1) what are the connections of the above- mentioned provisions, and 2) what is the proper qualification of a connecting factor based on the infringement of Community design right.
关键词:Community design rights;Court of Justice of the European Union;Nintendo D.BigBen