On 24 March 2023, the Executive Director of the European Union Intellectual Property Office (the "EUIPO") issued his Decision No. EX-23-2, approving the new edition of the Guidelines for the Examination of Registered Community Design ("RCD"), which came into force on 31 March 2023 (the "Guidelines"). The Guidelines provide useful clarifications for the assessment of novelty and individual character concerning an RCD, clarifying that the fact that a contested design differs from or coincides with a prior design in one or a number of features which, at least to some extent, are technical or have interconnecting purposes, will impact the comparison in two respects. Firstly, more consideration will be given to the other features introduced freely during the design development, as long as they are noticeable to the user. Secondly, the shape, configuration and placement of the functional or interconnecting features may also be considered to the extent that the designer has some freedom in combining these elements, as long as they fulfil the same function.
Originally published by May, 2023
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