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Directive 98/71/EC of the European Parliament and of the CouncilShow full title
Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs
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Article 12Rights conferred by the design right
1.The registration of a design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.
2.Where, under the law of a Member State, acts referred to in paragraph 1 could not be prevented before the date on which the provisions necessary to comply with this Directive entered into force, the rights conferred by the design right may not be invoked to prevent continuation of such acts by any person who had begun such acts prior to that date.
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