Case number and/or case name
BGH, 28.9.2011 - I ZR 23/10
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
27 September 2011
CJEU's case law cited by the court
Summary
The claimant is a Dutch company internationally distributing baby products and owner of a design for certain baby carriages. The defendant, a German limited liability company (GmbH) and producer of baby carriages, too, offers similar baby carriages. The claimant requested the prohibition of the distribution of the latter buggies as they were unauthorised imitations of the claimants’ registered designs.
According to Art. 8 (2) Rome II-Regulation, the law applicable to non-contractual obligations from intellectual property infringements is the law of the country in which the act of infringement is committed. The Court therefore applied German law for the infringements committed in Germany. For violations committed before the Rome II Regulation came into force, the same result is – according to the court – achieved by applying autonomous conflict of law rules (lex loci protectionis).