EUIPO v KaiKai—filling an ‘EU legislative gap’ with an international treaty gap? On the interpretative effect of the international agreement at issue and consideration of other decisions on its interpretation

Abstract

Abstract This case concerns, in essence, the question whether it is possible, in view of Article 4 of the Paris Convention for the Protection of Industrial Property (‘Paris Convention’), to claim priority from an earlier international application for a patent, filed under the Patent Cooperation Treaty (PCT), for the purpose of filing a Community design application.