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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p><b>Article 10 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that the scope of protection of a design under Article 8(3) of that regulation must be assessed by reference to the overall impression produced by that design on an informed user who, without being a designer or a technical expert, knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include and, as a result of his or her interest in the products concerned, shows a relatively high level of attention when he or she uses them as components of the modular system of which they form part, and not on a user who, possessing technical knowledge similar to that which may be expected of a sectoral expert, examines the design concerned down to the smallest detail and whose overall impression is based primarily on technical considerations.</b></p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p><b>Article 89(1) of Regulation No 6/2002 must be interpreted as meaning that the concept of ‘special reasons’, within the meaning of that provision, allowing a Community design court not to make one or more of the orders referred to in that provision does not cover the fact that an infringement relates only to some of the pieces of a modular system, the number of which is small in relation to the total number of components of that system.</b></p> </ItemContent> </ListItem> </OrderedList></p>

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“LEGO”

  • 期刊论文

  • 发表日期：

    2025年11月12日

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摘要

1.

Article 10 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that the scope of protection of a design under Article 8(3) of that regulation must be assessed by reference to the overall impression produced by that design on an informed user who, without being a designer or a technical expert, knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include and, as a result of his or her interest in the products concerned, shows a relatively high level of attention when he or she uses them as components of the modular system of which they form part, and not on a user who, possessing technical knowledge similar to that which may be expected of a sectoral expert, examines the design concerned down to the smallest detail and whose overall impression is based primarily on technical considerations.

2.

Article 89(1) of Regulation No 6/2002 must be interpreted as meaning that the concept of ‘special reasons’, within the meaning of that provision, allowing a Community design court not to make one or more of the orders referred to in that provision does not cover the fact that an infringement relates only to some of the pieces of a modular system, the number of which is small in relation to the total number of components of that system.