Das Gemeinschaftsgeschmacksmuster zwischen Gemeinschaftsrecht und nationalem Recht

The Council Regulation on Community Designs is an autonomous regulation of the Community Design Law. However, it does not provide a complete set of rules, and it is strongly intertwined with the national law of the member states. Sibylle Zwanzger examines where the line is to be drawn between Community Design Law and national law. In particular, she examines which legal questions can be answered in a uniform way for the whole European Community by the interpretation of the Regulation itself, and to what extent the Draft Common Frame of Reference as the expression of an emerging European civil law can guide the interpretation of its legal terms. Furthermore, she examines the application of the conflict of law rules in the Regulation and in other Community laws on cases that are not covered by the Regulation on Community Designs.