Recital 28

(28) In order to strengthen design protection and combat counterfeiting more effectively, and in line with international obligations of the Member States under the World Trade Organization (WTO) framework, in particular Article V to the General Agreement on Tariffs and Trade (GATT 1947) on freedom of transit, and, as regards generic medicines, the Doha Declaration on the TRIPS Agreement and Public Health, adopted by the WTO Ministerial Conference on 14 November 2001, the holder of a registered design right should be entitled to prevent third parties from bringing products, in the course of trade, from third countries into the Member State where the design is registered, without being released for free circulation there, where, without right holder’s authorisation, the design is identically incorporated in or applied to such products, or the design cannot be distinguished in its essential aspects from such products.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.