On 13 April 2023, the Court of Bari issued its decision in Case No. 1356/22 concerning design infringement in relation to furniture. The Court rejected the interim injunction application on the basis that the design at issue relates to parts of furniture whose design is dictated only by their technical function and which are not visible to the informed user during normal usage. Such designs fall within the grounds for refusal set forth by Articles 4 and 8 of Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs, and are therefore not worthy of protection under said regulation.
Originally published by May, 2023
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