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The Advocate General dealt with this apparent conflict by opining that if one was to read art 85(2) and art 11 as Dunnes Stores had (ie that in order to be afforded protection a designer would need to prove compliance with arts 3–9), then in order for a design to be protected, the right-holder would also need to prove that they had met the requirements of ‘visible features’, ‘normal use’, ‘novelty’ and ‘disclosure’. To require evidence of the aforementioned would undermine the whole purpose of the presumption of validity afforded under art 85.
Four and a half months later they are now sending me curt emails saying I had “kept” the clothes and not paid for them. I felt like they were blaming me for their error and accusing me, in effect, of stealing from them. No one called me personally to apologise.
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