CJEU: Technical function can only be taken into account if it is apparent from the registration of the design
12-12-2023 Print this page
Technical function – allowing a multicolour appearance – can only be taken into account if it is apparent from the registration of the design.
The assessment as to whether the features of appearance of a product are dictated solely by its technical function, within the meaning of that provision, must be made having regard to all of the objective circumstances relevant to each case, inter alia
(i) those dictating the choice of features of appearance,
(ii) the existence of alternative designs which fulfil the same technical function, and
(iii) the fact that the proprietor of the design in question also holds design rights for numerous alternative designs, although that latter fact is not decisive for the application of that provision.
IPPT20230202, CJEU, Papierfabriek Doetinchem v Sprick
