Those readers of Class 99 who subscribe to the European Intellectual Property Review (EIPR) will be pleased to note that it contains a contribution from Class 99 team member, lawyer and scholar Henning Hartwig entitled "The General Court's First Decision on a Community Design's Validity--All's Well That Ends Well? Grupo Promer v OHIM and PepsiCo (T-9/07)". Otherwise known as the "metal rappers" case, this decision was analysed here on Class 99 by David Musker.Right: here's something to cheer PepsiCo up -- some of its own prior art ...
According to Henning Hartwig, the court has adopted a "fluctuating, non-static scope of protection of the prior Community design": he speculates as to whether national courts will follow in the General Court's path.
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