Published
3 Aprile 2018

ECJ’s judgment on community designs and technical function

On 8 March 2018, the EU Court of Justice (“ECJ”) issued its judgment in case C-395/16 (Doceram v. CeramTec) concerning Article 8(1) of Regulation (EC) No. 6/2002 of 12 December 2001 (on Community designs), which excludes protection as a Community design for any features of the appearance of a product which are solely dictated by its technical function. The ECJ held that in order to determine whether this exclusion applies, it must be established that no considerations other than the need for that product to fulfil its technical function have played any role in the choice of those features, while it is not decisive in this regard whether or not other designs fulfilling the same function exist. This assessment is to be made by the national courts having regard to all the objective circumstances relevant to each individual case, without the need to base those findings on the perception of an ‘objective observer’.

Releated Post

Russia joins the Hague International Design System

As from 28 February 2018, Russia effectively became the 67th member of the Hague System for the International Registration of Industrial Designs (the “Hague System”). The Hague System allows designers to file a single application for registration of up to 100 industrial designs in 67 countries. From now on, applicants will be entitled to seek Hague System design protection also in the Russian Federation, and Russian designers will benefit from the Hague System to protect their industrial designs in the relevant contracting states.