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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>Product design, within the meaning of Art. 13(4) of Law 146/1914, includes external configurative elements, especially the colour of combination of colours, packaging and casing of the goods and every distinguishing mark, capable of distinguishing the product from other similar or identical goods from a different source.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Ordinary names, shapes and materials cannot be protected as distinguishing features or marks, due to their lack of distinctiveness, unless they acquire such distinctiveness from a combination of several elements.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>Configurative elements of the goods that are technically necessary in order to manufacture or achieve the intended use or purpose of the goods, rather than being selected arbitrarily, are not protected as product design, even when the public links the said configuration of the goods to their source (here: an oval shape of cereal biscuits considered the most practical and serviceable shape for said category of biscuits). On the other hand, arbitrarily selected external configurative elements are protected under Art. 13(4) of Law 146/1914 even when those elements simultaneously support intended use or purpose.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>4.</ItemNumber> <ItemContent> <p>Thus, the aesthetic configuration of goods, which is an arbitrary choice that serves no specific purpose, is protected as product design, provided it performs a distinguishing function (here: a raised design consisting of one or two wheat spikes on a cereal biscuit was considered a common depiction on healthy food products signifying cereal content and thus not distinctive).</p> </ItemContent> </ListItem> </OrderedList></p>

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“Wheat Spikes on Cookies”

  • 期刊论文

  • 发表日期：

    2025年3月10日

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摘要

1.

Product design, within the meaning of Art. 13(4) of Law 146/1914, includes external configurative elements, especially the colour of combination of colours, packaging and casing of the goods and every distinguishing mark, capable of distinguishing the product from other similar or identical goods from a different source.

2.

Ordinary names, shapes and materials cannot be protected as distinguishing features or marks, due to their lack of distinctiveness, unless they acquire such distinctiveness from a combination of several elements.

 3.

Configurative elements of the goods that are technically necessary in order to manufacture or achieve the intended use or purpose of the goods, rather than being selected arbitrarily, are not protected as product design, even when the public links the said configuration of the goods to their source (here: an oval shape of cereal biscuits considered the most practical and serviceable shape for said category of biscuits). On the other hand, arbitrarily selected external configurative elements are protected under Art. 13(4) of Law 146/1914 even when those elements simultaneously support intended use or purpose.

 4.

Thus, the aesthetic configuration of goods, which is an arbitrary choice that serves no specific purpose, is protected as product design, provided it performs a distinguishing function (here: a raised design consisting of one or two wheat spikes on a cereal biscuit was considered a common depiction on healthy food products signifying cereal content and thus not distinctive).