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Innovative Victory: Protecting Modular Design in the European Market

In a landmark ruling dated 24 January 2024, the General Court has underscored the importance of innovation and modular design within the EU, offering clarity and reinforcement to the rights of design holders across the Union.

Design vs. Functionality:
  • The ruling clarifies that while features solely dictated by technical functions are not protectable, exceptions exist for modular systems under Article 8(3) of Regulation (EC) No 6/2002.
Modular System Protection:
  • This decision emphasizes the Court’s support for innovative designs that allow for interoperability within a modular system, marking a significant point for design rights within the EU.
Invalidity Proceedings:
  • The judgment highlights the importance of proving the novelty and individual character of a design when challenging its validity.

This ruling is a pivotal moment for design protection in the EU, ensuring that innovation and functionality can coexist within the legal framework.

Want to register your design with EU funds?

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