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Chapter Summary

The owner of a protected industrial design shall have the right to prevent third parties not having the owner's consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. Members may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties. Article 26.1 enables the owner of an industrial design to prevent third parties from committing without prior consent those acts listed in Art. 26.1.

Keywords: commercial; exploitation; prejudice; protection

10.1163/ej.9789004145672.i-910.159
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