On the Requirement of Distinctiveness for Product Designs

On the Requirement of Distinctiveness for Product Designs

Journal article

1 electronic resource (page 478–482)

Extract Law 146/1914, Arts. 1 and 13 – Two Wheat Spikes on Cookies Headnotes by the Editorial Office 1. Product design is eligible for protection under Art. 13 of Law 146/1914 if it performs a distinguishing function and demonstrates at least a minimal degree of distinctiveness. The degree of distinctiveness also determines the level of protection afforded. 2. Configurative elements of the goods that were 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 where the relevant public links the configuration of the goods to their source from a particular business. 3. Where the external configurative elements were selected arbitrarily, the product design qualifies for protection, even if those elements simultaneously support intended use or purpose. Supreme Court, judgment of 20 February 2023 – 659/2023 The Court held in accordance with the law

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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