IP case law Court of Justice

Referral C-572/17 (Syed, 28 Sep 2017)



When goods bearing a protected motif are unlawfully offered for sale in a shop, can there also be an infringement of the author's exclusive right of distribution under Article 4(1) of Directive 2001/29 1 as regards goods with identical motifs, which are held in storage by the person offering the goods for sale?

Is it relevant whether the goods are held in a storage facility connected with the shop or in another location?





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