CJEU on the ‘visibility’ of a design of the underside of a saddle during ‘normal use’
13-12-2023 Print this page
Visibility of a design (underside of a saddle) which constitutes a component part of a complex product (bicycle) during normal of use of that complex product (article 3 Design-directive).
The requirement of ‘visibility’ must be assessed in the light of a situation of normal use of that complex product, so that the component part concerned, once it has been incorporated into that product, remains visible during such use.
To that end, the visibility of a component part of a complex product during its ‘normal use’ by the end user must be assessed from the perspective of that user as well as from the perspective of an external observer, and that normal use must cover acts performed during the principal use of a complex product as well as acts which must customarily be carried out by the end user in connection with such use, with the exception of maintenance, servicing and repair work.
IPPT20230216, CJEU, Monz v Büchel
National decision following the preliminary ruling
