This judgment of the GC is the second judgment relating to the invalidity proceedings, with the GC highlighting the importance of Art. 8(3) of the Community Design Regulation in T-515/19. The recent judgment T-537/22 confirms (a) that registered designs can be powerful intellectual property assets, and (b) that Article 8(3) of the Community Design Regulation provides an exception of great practical importance applicable to various kinds of modular systems (and not only vehicle repair parts). This is in line with recital (11) of the Community Design Regulation which stipulates that “mechanical fittings of modular products may nevertheless constitute an important element of the innovative characteristics of modular products and present a major marketing asset, and therefore should be eligible for protection.”

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