Article 14 par.1 of the Community Design Patent Regulation provides that the right to a community design shall vest in the designer or his successor in title, whereas article 14 par.3 gives this right to the employer if a design is developed by an employee in the execution of his duties or following the instruction given by the employer. In a recent judgment, the European Court of Justice came to the conclusion that article 14 par. 3 of the community design patent regulation is only applicable in employment relations and not for community designs which have been developed on a contractual basis by an independent designer. In the latter case the right to the community design belongs to the designer if not transferred by contract to a successor in title.