DESIGN | The ECJ questioned on Lego’s registered Community designs’ scope of protection under the CDR

On 18 March 2024, the Metropolitan Court of Budapest referred two different questions to the Court of Justice of the European Union (“CJEU”) concerning the scope of protection of Lego’s registered Community designs (“RCDs”) in case C-211/24, regarding the infringement of said RCDs. Notably, the Hungarian court seeks clarification on (a) the definition of ‘informed users’ and their level of attention when assessing designs under Article 8(3) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, their assessment of the overall impression, whether it should be based on visual perception or also on technical opinions, and (b) the correct interpretation of ‘special reasons’ under Article 89 CDR in cases where infringing products are part of sets with non-infringing goods.

Newsletter n. 97 – June 2024